When an injured patient and her attorney file an When an injured patient and her attorney file an Indiana medical malpractice suit, the case does not always go directly to a jury. First, the patient’s case may be reviewed by a Medical Review Panel. The review panel process is overseen by the Indiana Department of Insurance.
A medical review panel consists of one attorney and three physicians. The attorney is responsible for ensuring the panel discussion runs smoothly, but the attorney has no vote. The three physicians are usually specialists in the same field as the defendant. Both the injured plaintiff and the defendant physician may choose one physician to serve on the medical review panel. The two physicians chosen then choose the third physician for the panel.
The job of the medical review panel is to examine the details of the injured person’s case and decide whether the defendant’s treatment of the injured person fell below the standard of care. In a medical malpractice case, the “standard of care” is the type of attention and treatment the average physician in the defendant’s shoes would have used when treating the patient. To determine whether the defendant doctor met the standard of care, the medical review panel considers what types of treatment are appropriate, what types of treatment the doctor actually used, and whether a reasonable doctor in the same position would have given the same or similar treatment.
If the medical review panel finds that the defendant physician did not live up to the standard of care, the case goes to trial, where a judge or jury hears evidence on the extent of the damages the injured patient suffered. Therefore, the best approach to an Indiana medical malpractice case is to work with an experienced attorney who knows how to prevent evidence both to the medical review board and to a jury.
, the case does not always go directly to a jury. First, the patient’s case may be reviewed by a Medical Review Panel. The review panel process is overseen by the Indiana Department of Insurance.
A medical review panel consists of one attorney and three physicians. The attorney is responsible for ensuring the panel discussion runs smoothly, but the attorney has no vote. The three physicians are usually specialists in the same field as the defendant. Both the injured plaintiff and the defendant physician may choose one physician to serve on the medical review panel. The two physicians chosen then choose the third physician for the panel.
The job of the medical review panel is to examine the details of the injured person’s case and decide whether the defendant’s treatment of the injured person fell below the standard of care. In a medical malpractice case, the “standard of care” is the type of attention and treatment the average physician in the defendant’s shoes would have used when treating the patient. To determine whether the defendant doctor met the standard of care, the medical review panel considers what types of treatment are appropriate, what types of treatment the doctor actually used, and whether a reasonable doctor in the same position would have given the same or similar treatment.
If the medical review panel finds that the defendant physician did not live up to the standard of care, the case goes to trial, where a judge or jury hears evidence on the extent of the damages the injured patient suffered. Therefore, the best approach to an Indiana medical malpractice case is to work with an experienced attorney who knows how to prevent evidence both to the medical review board and to a jury.
