Medical Review Panel

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Injured patients who wish to file a medical malpractice claim in Indiana must follow the Indiana Medical Malpractice Act. A key part of the law is a peer review process called a medical review panel. All proposed medical malpractice claims must be submitted to a medical review panel for review.

If you have been seriously injured by a preventable medical error, it’s important to turn to a knowledgeable medical malpractice lawyer who understands medical review panels and the claims review process. Having a malpractice attorney who understands the medical review panel system is vital to the success of your claim.

The Indianapolis Medical Malpractice attorneys at Baker & Gilchrist represent victims of preventable medical errors and their families.

Caroline A. Gilchrist, a partner in Baker & Gilchrist, has served as chairwoman of medical review panels in medical negligence cases filed by other lawyers.  She has seen the process from the inside and understands the entire medical review panel process.  That helps Baker & Gilchrist serve our clients better.

Call us today or use our online contact form to have us review your case free of charge.

How Medical Review Panels Work

The Indiana Medical Malpractice Act requires that the patient must submit the proposed complaint to the Indiana Department of Insurance. Within 20 days of filing the proposed claim, either side may request the formation of a medical review panel.

Who Makes Up an Indiana Medical Review Panel?

The panel consists of three doctors and an attorney who chairs the group. The process allows the injured patient to choose one doctor for the panel. The defendant health care provider also selects one doctor for the panel. If there is only one defendant named in the lawsuit, at least one of the doctors serving on the panel must be from the same medical specialty as the defendant. The two doctors then select a third doctor.

The panel also includes an attorney who chairs the panel but does not have a vote. The attorney advises the panel on the applicable law.

It’s important to have doctors for the panel who will be objective in reviewing the facts and not be protective of the defendant. Some concerns to address are avoiding doctors on the panel who have been sued for medical malpractice themselves or have a relationship with a defendant. If the malpractice claim names a hospital, it’s important to pick doctors for the medical review panel who have not served internships at the named hospital. Having had experience chairing medical review panels, Caroline Gilchrist understands the dynamics of medical review panels and works with clients to carefully select doctors for the review panel.

Medical Malpractice Claims Proceedings in Medical Review Panel

Both sides may submit written evidence to the medical review panel, including medical records, statements and testimony by deposition. Caroline and Rex have experience in understanding what information will be important and relevant to submit to the panel.

Indiana’s Medical Malpractice Act gives the panel six months to issue an opinion. After the panel has issued its opinion as to whether a preventable medical error occurred, the injured patient may file the lawsuit in court. The panel’s report is admissible as evidence in the case, and it could carry a good deal of weight with a jury. Therefore, the selection of the medical review panel process is critical to the outcome of your claim.

Choose an Indiana medical malpractice attorney who understands the importance of the medical review panel process and the selection of doctors for the panel.

Indianapolis Medical Malpractice Attorneys Represent Injured Patients

The Indianapolis medical malpractice attorneys at Baker & Gilchrist lead victims of preventable medical errors and their families through the medical review panel and claims process.

If we determine that a malpractice legal claim is appropriate based on an evaluation of your medical records, we will prepare your claim and submit it to a medical review panel and advance all costs. Our medical malpractice clients do not pay any fees unless we obtain compensation for them.

Call us today or use our online contact form to have us review your case free of charge.