Requesting Formation of a Medical Review Panel
Not earlier than 20 days after a proposed complaint has been filed with the Indiana Department of Insurance, either party may request the formation of a medical review panel by serving a request upon all parties and the Indiana Department of Insurance Commissioner by registered or certified mail. Filing a proposed complaint does not automatically result in the formation of a panel, and a panel will not be formed if neither party requests one. The Department is not involved in the panel selection process. Refer to the section "Selecting the Panel" below regarding the process.
If a panel is formed, the party who "wins" MUST pay the panel's fees. The average cost of a panel is approximately $4,000. See “Panel Compensation and Fees” below.
For information or assistance regarding Medical Review Panels contact:
Regina Riley
Medical Review Panels
317-232-5430
RRiley@idoi.in.gov
Selecting the Panel
Composition of the Panel
The panel consists of one attorney and three health care providers. The attorney acts as panel chairperson and in an advisory capacity but has no vote.
Selection of the Panel Chairperson
Within 15 days after the request to form a panel is filed, the parties select a panel chairperson by agreement. If no agreement can be reached, either party may request that the Clerk of the Supreme Court randomly draw a list of five attorneys who maintain offices in the county of venue designated in the proposed complaint or in a neighboring county. However, the Commissioner recommends that the parties agree upon a panel chairperson knowledgeable about the Indiana Medical Malpractice Act and experienced as a panel chairperson.
A request to the Clerk costs $25. On requests to the clerk, include names, addresses, and parties represented by the attorneys of record, and provide a complete caption of the case. The parties take turns striking names from the list, with the plaintiff having the first choice, until only one name remains. The remaining attorney serves as the panel chairperson. The plaintiff is responsible for notifying the panel chairperson and all other parties of the chosen panel chairperson’s name.
Selection of Panel Members
Within 15 days after the panel chairperson is selected, both parties select a panelist and notify the other party and the panel chairperson of their selection. If a party fails to make a selection within the time provided, the panel chairperson makes the selection and notifies both parties.
After the first two panelists have been selected, they select the third panelist and notify the panel chairperson and the parties. If they fail to select the third panelist within 15 days after the selection of the second panelist, the panel chairperson makes the selection and notifies the parties.
Challenge to Panel Member Selection
Within ten days after any selection, a written challenge without cause may be made to the panelist selected. Upon challenge or excuse, the party whose appointee was challenged or dismissed selects another panelist. If the challenged or dismissed panelist was selected by the other two panelists, they make a new selection.
Notification of Panel Selection Completion
Within five days of all members of the panel being selected, the panel chairperson will notify the Commissioner and the parties by registered or certified mail of the panelists’ names and addresses and the date on which the last panelist was selected.
Forms of Panel Evidence
The Indiana Medical Malpractice Act provides for submission of evidence to the panel in written form only. The evidence may consist of:
- Medical Charts
- X-Rays
- Lab Tests
- Excerpts of Treatises
- Depositions of Witnesses Including Parties
- Any other form of evidence allowable by the panel.
Evidence should be presented to the panel ONLY. Do not send evidence to the Department.
Right to Convene the Panel
After all evidence has been submitted to the panel, either party has the right to ask the panel to convene at a time and place agreeable to the panel.
When the panel meets, either party may question the panelists regarding matters relevant to the issues to be decided by the panel. The panel chairperson presides over the meeting, and the meeting is to be informal.
Panel Opinion - Time Limit and Reporting
The panel renders an opinion as to whether the evidence supports the conclusion that the defendant(s) acted or failed to act within the appropriate standard of care. The panel should render its expert opinion within 180 days of selection of the last panelist. The opinion must be in writing and must be signed by the members.
Panel Compensation and Fees
Each health care provider panel member is paid up to $500, plus reasonable travel expenses.
The panel chairperson is paid a rate of $250 dollars per diem, not to exceed $2,500, plus reasonable travel expenses.
The fees and expenses of the panel are paid by the side in whose favor the panel's majority opinion is written. If there is no majority opinion, each side pays 50% of the fees and expenses.
Any questions or concerns regarding Medical Review Panels can be sent to PCFClaims@idoi.IN.gov or call 317-232-5430.