If you lose the medical review panel, you and your attorney will decide whether you have a legitimate chance of success if you move forward and file your action in court. However, you will not be able to go forward unless you have an expert who will testify under oath that malpractice occurred and resulted in harm and damage to the patient.
Winning the medical review panel does not mean that your case will settle or resolve without the necessity of a trial. The decision by the medical review panel is admissible in court and the panelists can testify as experts, however, your case still may have to be decided by a jury. Every medical malpractice case that we take at Baker & Gilchrist is a case that we have anticipated from the outset may have to go to trial.
We have found that the best way to increase the chance of success of any case is to conduct a through evaluation early in the case, including expert review by nurses and physicians. Contact our Indiana medical malpractice attorneys for a free consultation about your case.