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Personal Injury
Medical Review Panel
Posted by: Jason Reese
March 10, 2010
After you or your attorney files a complaint with the Indiana Department of Insurance, the Commissioner notifies the provider of the complaint within 10 days. After 20 days have passed, the Medical Review Panel can then be formed.
The panel consists of 3 healthcare professionals and 1 attorney who serves as the facilitator. The attorney has no voting authority. The plaintiff and the defendant each pick one member of the panel. The two selected members then choose the third member. At least two of the panel members must be from the same field/area of specialty as the defendant. Both the healthcare professionals and the attorney are compensated for their time. The side in whose favor the majority opinion is written pays these fees.
The main job of the members of the Medical Review Panel is to render an opinion about the alleged malpractice. They answer two questions: Was there deviation from the standard of care? Did that deviation lead to the damages?
The results of the panel's opinion answer the question, "Is this case going to survive if taken to trial?" While the report is admissible as evidence, it is not legally binding. However, all experts from the panel could be called to provide expert testimony.
