Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or harm to a patient. At Wagner Reese, LLP, our Champaign medical malpractice attorneys bring over 150+ years of combined legal experience to fight for justice on your behalf.
We understand the complexity of medical malpractice cases and have what it takes to fight powerful hospitals and insurance companies. Let our attorneys use our skills, resources, and knowledge of personal injury law in Champaign, IN, to work for you, ensuring you get the compensation and justice you are entitled to.
How the Medical Review Panel Process Works in Champaign, IN
Under the Indiana Medical Malpractice Act, a Medical Review Panel is formed before a patient can file a lawsuit for medical malpractice. This panel evaluates the merits of the claim to determine whether the healthcare provider acted negligently. Here’s how the medical review panel process works:
- Filing a Complaint: The patient (plaintiff) must file a complaint with the Indiana Department of Insurance. This complaint initiates the process and puts the healthcare provider (defendant) on notice.
- Panel Formation: The Medical Review Panel consists of three healthcare providers and one attorney who serves as the panel chair but does not vote. Both parties select the attorney, and each party picks one healthcare provider. These providers should have expertise in the field related to the case.
- Evidence Submission: Both parties submit evidence in the form of medical records, expert opinions, and other relevant documentation. No formal trial or testimony takes place.
- Panel Opinion: After reviewing the evidence, the panel issues an opinion on whether the healthcare provider breached the standard of care and if that breach caused harm to the patient. The panel’s opinion is not binding but is admissible in court if the case proceeds to trial.
- Proceeding to Court: If the Medical Review Panel finds negligence, the patient can proceed with a lawsuit. Even if the panel does not find negligence, the patient can still file a lawsuit, but the panel’s opinion may influence the outcome.
Does the Statute of Limitations Begin Before or After the Medical Review Panel’s Decision?
In Indiana medical malpractice cases, the statute of limitations begins before the Medical Review Panel’s decision. The time limit is typically two years from the date of the alleged malpractice. This means that you must file your claim with the Indiana Department of Insurance (IDOI) within two years of the injury or negligent act.
However, filing with the Medical Review Panel tolls (pauses) the statute of limitations while the panel reviews the case. This pause ensures that the panel process does not consume the time you have to file a lawsuit in court. After the panel issues its decision, if you wish to pursue further legal action, you can file your lawsuit in court without worrying about the original statute of limitations deadline.
How Our Champaign Medical Injury Lawyers Will Utilize Expert Testimony to Present a Compelling Case
Expert testimony can make or break a medical malpractice case in Indiana, as the Medical Review Panel heavily relies on specialist analysis to form its conclusions. The experts provide professional insight into whether the healthcare provider adhered to the accepted medical standard of care and whether any deviations resulted in harm to the patient. At Wagner Reese, our experienced Champaign medical negligence lawyers will:
Choose Top Medical Experts
We select medical experts with authoritative expertise and impeccable reputations in the relevant medical fields. Our network includes board-certified physicians, surgeons, and specialists who are well-regarded in their disciplines.
Invest in Multiple Experts
If your case involves complex issues across multiple specialty areas of medicine, we are prepared to engage more than one expert to provide a comprehensive evaluation. We believe in investing in the best talent to build the most robust case possible.
Work closely with the Experts
Our attorneys collaborate with experts from the start, ensuring they thoroughly understand your case and its medical complexities. Our strategy will be to clearly convey to the panel how the healthcare provider failed to meet the prevailing standard of care.
Prepare Testimony for the Panel
We thoroughly review all medical records and evidence with our experts to build a robust, detailed testimony that can withstand the scrutiny of the panel. We may present both written and oral testimony to bolster your case.
Choose Our Tenacious and Resourceful Medical Malpractice Lawyers in Champaign
At Wagner Reese, LLP, our Champaign medical malpractice attorneys will fight to hold the negligent hospital and doctors liable for damages. With attorneys Stephen Wagner and Jason Reese leading the charge—both recognized for their outstanding trial success and experience in personal injury and medical malpractice cases—we have obtained multiple 7-figure and 8-figure recoveries for clients. To schedule your free consultation, call us at (866) 991-4892 or contact us online.
