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.
[Pre-1998 Recodification Citation: 27-12-10-22.]
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