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.
[Pre-1998 Recodification Citation: 27-12-10-4.]
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