P.R. Laws Ap. tit. 32A, § III, Rule 41.6
In any civil action arising from a claim for damages for negligence or carelessness due to medical or hospital malpractice involving a surgeon, health professional and/or health care organization related to a highly technical or specialized subject, the judge of the Court of First Instance shall appoint a panel composed of a judge appointed by the Administrative Judge, who shall not be the one to finally adjudicate the controversy, or at his discretion, may appoint one (1) attorney that would substitute him and preside [over] the panel, and two (2) duly licensed physicians, one recommended by the plaintiff and the other by the defendant. The panel shall render a report to the court with its findings on the technical aspects of the claim presented, strictly limited to examining the medical and hospital issues presented to determine if, from their expert point of view, there exists prima facie malpractice.
The judge shall appoint the panel after having received a special report from the plaintiff within sixty (60) days after the date the complaint was filed, and from the defendant, within sixty (60) days after the date the complaint was served. The judge shall issue pertinent orders so that the parties may have access to all the necessary documentation in order to present said reports and may modify the terms provided herein in order to effectively deliver said documents. The judge shall have the discretion to retain and act upon the cases that in his judgment should not be handled by the panel for considering that the controversy is not highly specialized or understanding that designating a panel would not contribute to an expedite[d] proceeding of the case. In addition, the panel shall be discharged in any case in which one of the parties certifies to the judge that, it is financially unable to assume the costs of the panel, unless one of the parties in the case accepts to assume the costs of the case.
Once the parties have received the report, any one of them may question the same and the judge shall have discretion to reject or accept its conclusions.
History —Dec. 19, 2002, No. 283, § 1, eff. 60 days after Dec. 19, 2002.