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.".
[Pre-1998 Recodification Citation: 27-12-10-17.]
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