§ 34-18-10-22 — Expert opinions

Indiana § 34-18-10-22

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 18: MEDICAL MALPRACTICE
• Ch. 10: Medical Review Panel

Text

(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.]

Legislative History

As added by P.L.1-1998, SEC.13.