Who Makes Up a Medical Review Panel?
The panel is made up of three healthcare providers who are of the same or similar specialties as the doctor or other healthcare provider(s) who have had the claim made against them. For instance, if the claim is against a surgeon, then there will be at least two panelists who are also surgeons on the panel. The panel selection is a somewhat random process, which is the result of nominations and striking by each side.
What Does the Medical Review Panel Do?
The attorneys for the patient and the healthcare provider submit written material to the panelists, which they receive all at one time. This can include medical records, articles, X-rays, and written arguments. The panel then reviews these materials and meets in person or by phone typically just one time.
How Does the Medical Review Panel Make Their Decision?
The medical review panel decides whether they think that the healthcare provider was negligent or “breached the standard of care”. If they decide there was malpractice, then they will make a second decision as to whether there was any harm suffered as a result of the malpractice. The decision is then shared with both sides.