IC
34-18-10
Chapter
10.
Medical
Review
Panel
IC
34-18-10-1
Establishment
of
medical
review
panels
Sec. 1.
This
chapter
provides
for the
establishment
of
medical
review
panels
to
review
proposed
malpractice
complaints
against
health
care
providers
covered
by this
article.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-2
Request
for
formation
of
panels
Sec. 2.
Not
earlier
than
twenty
(20)
days
after
the
filing
of a
proposed
complaint,
either
party
may
request
the
formation
of a
medical
review
panel by
serving
a
request
by
registered
or
certified
mail
upon all
parties
and the
commissioner.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-3
Members;
chairman;
powers
and
duties
Sec. 3.
(a) A
medical
review
panel
consists
of one
(1)
attorney
and
three
(3)
health
care
providers.
(b)
The
attorney
member
of the
medical
review
panel
shall
act as
chairman
of the
panel
and in
an
advisory
capacity
but may
not
vote.
(c)
The
chairman
of the
medical
review
panel
shall
expedite
the
selection
of the
other
panel
members,
convene
the
panel,
and
expedite
the
panel's
review
of the
proposed
complaint.
The
chairman
may
establish
a
reasonable
schedule
for
submission
of
evidence
to the
medical
review
panel
but must
allow
sufficient
time for
the
parties
to make
full and
adequate
presentation
of
related
facts
and
authorities.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-4
Selection
of panel
members
Sec. 4.
A
medical
review
panel
shall be
selected
in the
following
manner:
(1)
Within
fifteen
(15)
days
after
the
filing
of a
request
for
formation
of a
medical
review
panel
under
section
2 of
this
chapter,
the
parties
shall
select a
panel
chairman
by
agreement.
If no
agreement
on a
panel
chairman
can be
reached,
either
party
may
request
the
clerk of
the
supreme
court to
draw at
random a
list of
five (5)
names of
attorneys
who:
(A)
are
qualified
to
practice;
(B)
are
presently
on the
rolls of
the
supreme
court;
and
(C)
maintain
offices
in the
county
of venue
designated
in the
proposed
complaint
or in a
contiguous
county.
(2)
Before
selecting
the
random
list,
the
clerk
shall
collect
a
twenty-five
dollar
($25)
medical
review
panel
selection
fee from
the
party
making
the
request
for the
formation
of the
random
list.
(3)
The
clerk
shall
notify
the
parties,
and the
parties
shall
then
strike
names
alternately
with the
plaintiff
striking
first
until
one (1)
name
remains.
The
remaining
attorney
shall be
the
chairman
of the
panel.
(4)
After
the
striking,
the
plaintiff
shall
notify
the
chairman
and all
other
parties
of the
name of
the
chairman.
(5)
If a
party
does not
strike a
name
within
five (5)
days
after
receiving
notice
from the
clerk:
(A)
the
opposing
party
shall,
in
writing,
request
the
clerk to
strike
for the
party;
and
(B)
the
clerk
shall
strike
for that
party.
(6)
When one
(1) name
remains,
the
clerk
shall
within
five (5)
days
notify
the
chairman
and all
other
parties
of the
name of
the
chairman.
(7)
Within
fifteen
(15)
days
after
being
notified
by the
clerk of
being
selected
as
chairman,
the
chairman
shall:
(A)
send a
written
acknowledgment
of
appointment
to the
clerk;
or
(B)
show
good
cause
for
relief
from
serving
as
provided
in
section
12 of
this
chapter.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-5
Eligibility
for
panel
membership
Sec. 5.
Except
for
health
care
providers
who are
health
facility
administrators,
all
health
care
providers
in
Indiana,
whether
in the
teaching
profession
or
otherwise,
who hold
a
license
to
practice
in their
profession
shall be
available
for
selection
as
members
of the
medical
review
panel.
Health
facility
administrators
may not
be
members
of the
medical
review
panel.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-6
Selection
of
members
by
parties
Sec. 6.
Each
party to
the
action
has the
right to
select
one (1)
health
care
provider,
and upon
selection,
the two
(2)
health
care
providers
thus
selected
shall
select
the
third
panelist.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-7
Selection
of panel
members
by
multiple
parties
Sec. 7.
If there
are
multiple
plaintiffs
or
defendants,
only one
(1)
health
care
provider
shall be
selected
per
side.
The
plaintiff,
whether
single
or
multiple,
has the
right to
select
one (1)
health
care
provider
and the
defendant,
whether
single
or
multiple,
has the
right to
select
one (1)
health
care
provider.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-8
Panelists
to be
members
of
defendant's
profession
Sec. 8.
If there
is only
one (1)
party
defendant
who is
an
individual,
two (2)
of the
panelists
selected
must be
members
of the
profession
identified
in
IC 34-18-2-14(1)
of which
the
defendant
is a
member.
If the
individual
defendant
is a
health
care
professional
who
specializes
in a
limited
area,
two (2)
of the
panelists
selected
must be
health
care
professionals
who
specialize
in the
same
area as
the
defendant.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-9
Selection
periods;
notification;
selections
by
chairman
Sec. 9.
Within
fifteen
(15)
days
after
the
chairman
is
selected,
both
parties
shall
select a
health
care
provider
and the
parties
shall
notify
the
other
party
and the
chairman
of their
selection.
If a
party
fails to
make a
selection
within
the time
provided,
the
chairman
shall
make the
selection
and
notify
both
parties.
Within
fifteen
(15)
days
after
their
selection,
the
health
care
provider
members
shall
select
the
third
member
within
the time
provided
and
notify
the
chairman
and the
parties.
If the
providers
fail to
make a
selection,
the
chairman
shall
make the
selection
and
notify
both
parties.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-10
Challenges
to panel
member
selections
Sec. 10.
Within
ten (10)
days
after
the
selection
of a
panel
member,
written
challenge
without
cause
may be
made to
the
panel
member.
Upon
challenge
or
excuse,
the
party
whose
appointee
was
challenged
or
dismissed
shall
select
another
panelist.
If the
challenged
or
dismissed
panel
member
was
selected
by the
other
two (2)
panel
members,
the
panel
members
shall
make a
new
selection.
If two
(2) such
challenges
are made
and
submitted,
the
chairman
shall
within
ten (10)
days
appoint
a panel
consisting
of three
(3)
qualified
panelists
and each
side
shall,
within
ten (10)
days
after
the
appointment,
strike
one (1)
panelist.
The
party
whose
appointment
was
challenged
shall
strike
last,
and the
remaining
member
shall
serve.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-11
Formation
of
panel;
notice
to
commissioner
and
parties
Sec. 11.
When a
medical
review
panel is
formed,
the
chairman
shall
within
five (5)
days
notify
the
commissioner
and the
parties
by
registered
or
certified
mail of
the
following:
(1)
The
names
and
addresses
of the
panel
members.
(2)
The date
on which
the last
member
was
selected.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-12
Excusing
members
from
service
Sec. 12.
(a) A
member
of a
medical
review
panel
who is
selected
under
this
chapter
shall
serve
unless:
(1)
the
parties
by
agreement
excuse
the
panelist;
or
(2)
the
panelist
is
excused
as
provided
in this
section
for good
cause
shown.
(b)
To show
good
cause
for
relief
from
serving,
the
attorney
selected
as
chairman
of a
medical
review
panel
must
serve an
affidavit
upon the
clerk of
the
supreme
court.
The
affidavit
must set
out the
facts
showing
that
service
would
constitute
an
unreasonable
burden
or undue
hardship.
The
clerk
may
excuse
the
attorney
from
serving.
The
attorney
shall
notify
all
parties,
who
shall
then
select a
new
chairman
as
provided
in
section
4 of
this
chapter.
(c)
To show
good
cause
for
relief
from
serving,
a health
care
provider
member
of a
medical
review
panel
must
serve an
affidavit
upon the
panel
chairman.
The
affidavit
must set
out the
facts
showing
that
service
would
constitute
an
unreasonable
burden
or undue
hardship.
The
chairman
may
excuse
the
member
from
serving
and
notify
all
parties.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-13
Panel
expert
opinion;
time for
issuance
Sec. 13.
(a) The
panel
shall
give its
expert
opinion
within
one
hundred
eighty
(180)
days
after
the
selection
of the
last
member
of the
initial
panel.
However,
if:
(1)
the
chairman
of the
panel is
removed
under
section
15 of
this
chapter,
another
member
of the
panel is
removed
under
section
16 of
this
chapter,
or any
member
of the
panel,
including
the
chairman,
is
removed
by a
court
order;
and
(2)
a new
member
is
selected
to
replace
the
removed
member
more
than
ninety
(90)
days
after
the last
member
of the
initial
panel is
selected;
the
panel
has
ninety
(90)
days
after
the
selection
of the
new
member
to give
an
expert
opinion.
(b)
If the
panel
has not
given an
opinion
within
the time
allowed
under
subsection
(a), the
panel
shall
submit a
report
to the
commissioner,
stating
the
reasons
for the
delay.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-14
Sanction
for
failure
to act
as
required
by
chapter
Sec. 14.
A party,
attorney,
or
panelist
who
fails to
act as
required
by this
chapter
without
good
cause
shown is
subject
to
mandate
or
appropriate
sanctions
upon
application
to the
court
designated
in the
proposed
complaint
as
having
jurisdiction.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-15
Removal
of
chairman
Sec. 15.
(a) The
commissioner
may
remove
the
chairman
of the
panel if
the
commissioner
determines
that the
chairman
is not
fulfilling
the
duties
imposed
upon the
chairman
by this
chapter.
(b)
If the
chairman
is
removed
under
this
section,
a new
chairman
shall be
selected
under
this
chapter.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-16
Removal
of panel
member
Sec. 16.
(a) The
chairman
may
remove a
member
of the
panel if
the
chairman
determines
that the
member
is not
fulfilling
the
duties
imposed
upon the
panel
members
by this
chapter.
(b)
If a
member
is
removed
under
this
section,
a new
member
shall be
selected
under
this
chapter.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-17
Evidence;
oath
Sec. 17.
(a) The
evidence
in
written
form to
be
considered
by the
medical
review
panel
shall be
promptly
submitted
by the
respective
parties.
(b)
The
evidence
may
consist
of
medical
charts,
x-rays,
lab
tests,
excerpts
of
treatises,
depositions
of
witnesses
including
parties,
and any
other
form of
evidence
allowable
by the
medical
review
panel.
(c)
Depositions
of
parties
and
witnesses
may be
taken
before
the
convening
of the
panel.
(d)
The
chairman
shall
ensure
that
before
the
panel
gives
its
expert
opinion
under
section
22 of
this
chapter,
each
panel
member
has the
opportunity
to
review
every
item of
evidence
submitted
by the
parties.
(e)
Before
considering
any
evidence
or
deliberating
with
other
panel
members,
each
member
of the
medical
review
panel
shall
take an
oath in
writing
on a
form
provided
by the
panel
chairman,
which
must
read as
follows:
"I
(swear)
(affirm)
under
penalties
of
perjury
that I
will
well and
truly
consider
the
evidence
submitted
by the
parties;
that I
will
render
my
opinion
without
bias,
based
upon the
evidence
submitted
by the
parties,
and that
I have
not and
will not
communicate
with any
party or
representative
of a
party
before
rendering
my
opinion,
except
as
authorized
by
law.".
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-18
Communication
with
panel by
parties
or their
agents
prohibited
Sec. 18.
Neither
a party,
a
party's
agent, a
party's
attorney,
nor a
party's
insurance
carrier
may
communicate
with any
member
of the
panel,
except
as
authorized
by law,
before
the
giving
of the
panel's
expert
opinion
under
section
22 of
this
chapter.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-19
Preparation
of
opinion
by
chairman
Sec. 19.
The
chairman
of the
panel
shall
advise
the
panel
relative
to any
legal
question
involved
in the
review
proceeding
and
shall
prepare
the
opinion
of the
panel as
provided
in
section
22 of
this
chapter.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-20
Convening
and
questioning
of panel
Sec. 20.
(a)
Either
party,
after
submission
of all
evidence
and upon
ten (10)
days
notice
to the
other
side,
has the
right to
convene
the
panel at
a time
and
place
agreeable
to the
members
of the
panel.
Either
party
may
question
the
panel
concerning
any
matters
relevant
to
issues
to be
decided
by the
panel
before
the
issuance
of the
panel's
report.
(b)
The
chairman
of the
panel
shall
preside
at all
meetings.
Meetings
shall be
informal.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-21
Duties
of panel
in
conduct
of
inquiry;
access
to
information
Sec. 21.
(a) The
panel
has the
right
and duty
to
request
all
necessary
information.
(b)
The
panel
may
consult
with
medical
authorities.
(c)
The
panel
may
examine
reports
of other
health
care
providers
necessary
to fully
inform
the
panel
regarding
the
issue to
be
decided.
(d)
Both
parties
shall
have
full
access
to any
material
submitted
to the
panel.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-22
Expert
opinions
Sec. 22.
(a) The
panel
has the
sole
duty to
express
the
panel's
expert
opinion
as to
whether
or not
the
evidence
supports
the
conclusion
that the
defendant
or
defendants
acted or
failed
to act
within
the
appropriate
standards
of care
as
charged
in the
complaint.
(b)
After
reviewing
all
evidence
and
after
any
examination
of the
panel by
counsel
representing
either
party,
the
panel
shall,
within
thirty
(30)
days,
give one
(1) or
more of
the
following
expert
opinions,
which
must be
in
writing
and
signed
by the
panelists:
(1)
The
evidence
supports
the
conclusion
that the
defendant
or
defendants
failed
to
comply
with the
appropriate
standard
of care
as
charged
in the
complaint.
(2)
The
evidence
does not
support
the
conclusion
that the
defendant
or
defendants
failed
to meet
the
applicable
standard
of care
as
charged
in the
complaint.
(3)
There is
a
material
issue of
fact,
not
requiring
expert
opinion,
bearing
on
liability
for
consideration
by the
court or
jury.
(4)
The
conduct
complained
of was
or was
not a
factor
of the
resultant
damages.
If so,
whether
the
plaintiff
suffered:
(A)
any
disability
and the
extent
and
duration
of the
disability;
and
(B)
any
permanent
impairment
and the
percentage
of the
impairment.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-23
Report
of panel
as
evidence
at
trial;
members
as
witnesses
Sec. 23.
A report
of the
expert
opinion
reached
by the
medical
review
panel is
admissible
as
evidence
in any
action
subsequently
brought
by the
claimant
in a
court of
law.
However,
the
expert
opinion
is not
conclusive,
and
either
party,
at the
party's
cost,
has the
right to
call any
member
of the
medical
review
panel as
a
witness.
If
called,
a
witness
shall
appear
and
testify.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-24
Immunity
from
civil
liability
Sec. 24.
A
panelist
has
absolute
immunity
from
civil
liability
for all
communications,
findings,
opinions,
and
conclusions
made in
the
course
and
scope of
duties
prescribed
by this
article.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-10-25
Compensation
of
members
Sec. 25.
(a) Each
health
care
provider
member
of the
medical
review
panel is
entitled
to be
paid:
(1)
up to
three
hundred
fifty
dollars
($350)
for all
work
performed
as a
member
of the
panel,
exclusive
of time
involved
if
called
as a
witness
to
testify
in
court;
and
(2)
reasonable
travel
expense.
(b)
The
chairman
of the
panel is
entitled
to be
paid:
(1)
at the
rate of
two
hundred
fifty
dollars
($250)
per
diem,
not to
exceed
two
thousand
dollars
($2,000);
and
(2)
reasonable
travel
expenses.
(c)
The
chairman
shall
keep an
accurate
record
of the
time and
expenses
of all
the
members
of the
panel.
The
record
shall be
submitted
to the
parties
for
payment
with the
panel's
report.
(d)
Fees of
the
panel,
including
travel
expenses
and
other
expenses
of the
review,
shall be
paid by
the side
in whose
favor
the
majority
opinion
is
written.
If there
is no
majority
opinion,
each
side
shall
pay
fifty
percent
(50%) of
the
cost.
As
added by
P.L.1-1998,
SEC.13.
Amended
by
P.L.111-1998,
SEC.13.
IC
34-18-10-26
Copies
of
reports
Sec. 26.
The
chairman
shall
submit a
copy of
the
panel's
report
to:
(1)
the
commissioner;
and
(2)
all
parties
and
attorneys;
by
registered
or
certified
mail
within
five (5)
days
after
the
panel
gives
its
opinion.
As added
by
P.L.1-1998,
SEC.13.
