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What is the Medical Review Panel for Indiana Medical Malpractice Lawsuits?

Steve Wagner

Filing an Indiana medical malpractice virtually always requires a patient to go through the medical review panel process. At Wagner Reese law firm, we have over 50 years of combined experience in seeking compensation for victims of medical malpractice, surgical error, birth trauma and hospital negligence.

The process of filing a medical malpractice claim with the

[Indiana Department of Insurance] can be an intimidating job without the assistance of an experienced medical malpractice lawyer. You should always ask the law firm that you hire, have you actually taken a medical malpractice case to a jury verdict? What is your track record for handling medical malpractice cases like yours?

The first question many families ask is, “What is the Medical Review Panel?”

After your lawyer files a Proposed Complaint for Damages with the Indiana Department of Insurance, the process for forming the medical review panel is triggered. The panel will consist of three healthcare providers and one lawyer. The healthcare providers will be of the same specialty as the defendants that were named in your complaint. For example, if the target defendant is an OB/GYN, then the panel members will consist of three OB/GYN’s. If the defendant was a surgeon, then the panel will be all surgeons. It is important to note that the panel chairperson, which is a lawyer, does not have voting authority. His job is merely to facilitate the process by which the panel members are selected throughout the State of Indiana and otherwise see the process through until the panel members vote. The plaintiff’s attorney and the defendant’s attorney are each permitted to pick one member of the panel, or strike from a panel of three providers. The two chosen panel members then select the third healthcare professional in order to complete the composition of three voting members of the panel.

Under Indiana malpractice law, the members of the medical review panel are required to answer at least two questions:

  1. Did the defendant comply with the applicable standard of medical care?
  2. Was the conduct complained of a factor the resulting damages or death?

Watch our law firm’s medical malpractice video to learn more about the medical review panel process and how Wagner Reese law firm handles these types of cases. If your family has been seriously injured or lost a loved one due to medical malpractice or medical neglect, please call malpractice attorney Jason Reese at our office for a free consultation at (888) 204-8440.


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