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.
[Pre-1998 Recodification Citation: 27-12-10-12.]
As added by P.L.1-1998, SEC.13.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 18. Medical Malpractice
Chapter 10. Medical Review Panel
34-18-10-1. Establishment of Medical Review Panels
34-18-10-2. Request for Formation of Panels
34-18-10-3. Members; Chairman; Powers and Duties
34-18-10-4. Selection of Panel Members
34-18-10-5. Eligibility for Panel Membership
34-18-10-6. Selection of Members by Parties
34-18-10-7. Selection of Panel Members by Multiple Parties
34-18-10-8. Panelists to Be Members of Defendant's Profession
34-18-10-9. Selection Periods; Notification; Selections by Chairman
34-18-10-10. Challenges to Panel Member Selections
34-18-10-11. Formation of Panel; Notice to Commissioner and Parties
34-18-10-12. Excusing Members From Service
34-18-10-13. Panel Expert Opinion; Time for Issuance
34-18-10-14. Sanction for Failure to Act as Required by Chapter
34-18-10-15. Removal of Chairman
34-18-10-16. Removal of Panel Member
34-18-10-18. Communication With Panel by Parties or Their Agents Prohibited
34-18-10-19. Preparation of Opinion by Chairman
34-18-10-20. Convening and Questioning of Panel
34-18-10-21. Duties of Panel in Conduct of Inquiry; Access to Information
34-18-10-23. Report of Panel as Evidence at Trial; Members as Witnesses
34-18-10-24. Immunity From Civil Liability