What
Evidence Can be Submitted
to the Medical Review Panel?
When the medical review
panel is formed, the parties
are allowed to take depositions
and exchange documentation
regarding the issues involved
in the claim. Frequently,
the deposition of the patient
and/or his family will be
taken by the defense. The
deposition of the defendant
doctor and/or the nurses
involved in the patient's
care will be taken by the
patient's representative.
Before the parties take
depositions or exchange
information, a petition
to initiate discovery is
usually filed in the state
district court where the
claim will proceed after
completion of the medical
review panel process. This
will allow the court to
act as the ultimate overseer
of the evidence gathering
process.
The complete hospital medical
chart as well as the office
notes of the physicians
involved in the care of
the patient are copied and
exchanged by the parties.
These records include not
only the records of the
accused physician, but also
any subsequent treating
physicians and records from
previous treating physicians.
The attorney chairman will
set a deadline by which
the parties must make a
submission of evidence to
the medical review panel.
The evidence which may be
submitted to a medical review
panel includes all medical
records, depositions of
witnesses, affidavits of
witnesses, medical literature,
reports of medical expert
witnesses, and a statement
or brief setting forth the
position of each side, (a
position paper).The submission
may also include the request
for review originally filed
by the patient which sets
forth the allegations against
the health care providers.
Usually, the position paper
is the main focus of the
submission and selected
excerpts from the medical
records and depositions
are referenced in the position
paper and attached as exhibits.
This makes it easy for the
members of the medical review
panel to understand the
arguments being asserted
with the backup records
or documentation specifically
referenced and attached.
Once the attorney chairman
receives the evidence from
all parties, he then coordinates
the schedules of the parties
and the physician members
and the medical review panel
and sets a date upon which
the medical review panel
will meet to review and
decide upon the evidence
submitted by the parties.
The process of compiling
the medical records, exchanging
information and taking depositions
can take up to a year to
complete. Thus, the medical
review panel process slows
down medical malpractice
cases by at least 50%.
If the parties have a dispute
about the evidence to be
submitted to the medical
review panel, they can ask
the attorney chairman for
a ruling. If they are not
happy with that ruling,
they can ask the court to
intervene.
