If you are pursuing a medical malpractice claim in Indiana, you will likely encounter a requirement that confuses many people: the Medical Review Panel. This panel is a mandatory step in most Indiana malpractice cases, and understanding how it works, what it does, and how long it takes can help you navigate the process with realistic expectations.

What Is the Medical Review Panel?

The Indiana Medical Review Panel is a pre-lawsuit review process required for most medical malpractice claims seeking more than $15,000 in damages. Before you can file a lawsuit in court, your claim must be reviewed by a panel of healthcare professionals and an attorney who evaluate whether the medical care you received met accepted standards.

The panel was created as part of Indiana’s Medical Malpractice Act to reduce frivolous lawsuits and provide an early assessment of claim validity. While the panel’s opinion is not legally binding, meaning you can still proceed to trial regardless of the outcome, the opinion carries significant weight in settlement negotiations and can be admitted as evidence if your case goes to court.

Who Serves on the Medical Review Panel?

Each panel consists of four members: three healthcare providers and one attorney who chairs the panel.

The three healthcare providers must practice in the same specialty as the defendant. For example, if you are claiming malpractice against an orthopedic surgeon, the three provider members will be orthopedic surgeons. This ensures the panel members understand the specific standard of care applicable to your case.

The attorney chair does not vote on the merits of the claim but manages the panel proceedings, ensures both sides follow proper procedures, and helps the panel understand legal issues. The attorney is typically experienced in medical malpractice law.

Panel members are selected from a pool maintained by the Indiana Department of Insurance. Both sides have limited rights to object to proposed panel members, though the process is designed to be relatively neutral.

The Medical Review Panel Process: Step by Step

Understanding the timeline and steps involved helps set realistic expectations about how long your case will take.

Filing Your Complaint

Your attorney files a proposed complaint with the Indiana Department of Insurance, not with a court. This complaint outlines your allegations, identifies the healthcare providers you believe were negligent, and includes an expert affidavit from a qualified medical professional supporting your claim.

The affidavit requirement is critical. You cannot proceed without a statement from another healthcare provider confirming that the care you received appears to fall below accepted standards. Your attorney will work with medical experts to obtain this affidavit.

Notification and Response

Once your complaint is filed, the Indiana Department of Insurance notifies the named healthcare providers. The defendants have 90 days to respond to your complaint. During this period, they can gather evidence, review medical records, and prepare their defense.

This 90-day window often leads to settlement discussions. Some cases resolve during this period without ever going to the panel. If a settlement is not reached, the case proceeds to panel review.

Panel Selection and Discovery

After the 90-day response period, a panel is selected. Both sides then engage in discovery, exchanging relevant documents, medical records, and expert opinions. This discovery process is more limited than what occurs in a full lawsuit, but it allows both sides to present their evidence to the panel.

Discovery in the panel process typically focuses on medical records, expert reports, and other documentation directly related to the standard of care question. Depositions are less common at this stage than they would be in litigation.

Submission of Evidence

Both sides submit written evidence, expert opinions, and legal arguments to the panel. The panel reviews all submitted materials to understand what happened, what the applicable standard of care required, and whether that standard was met.

Most panel proceedings are conducted on the written record without live testimony. However, panels have discretion to request additional information or hold hearings if they believe it would help them reach a fair opinion.

Panel Deliberation and Opinion

The panel reviews all evidence and issues a written opinion. The opinion addresses whether each defendant healthcare provider met or failed to meet the applicable standard of care. The panel can issue one of three findings for each defendant:

The defendant acted within the standard of care (no malpractice). The defendant failed to meet the standard of care (malpractice occurred). The evidence does not support a conclusion either way (rare).

The three healthcare provider members vote on these findings. A majority vote determines the panel’s opinion. The attorney chair does not vote on the merits.

How Long Does the Medical Review Panel Process Take?

From the time your complaint is filed with the Indiana Department of Insurance to the time the panel issues its opinion, the process typically takes eight to twelve months. Some cases resolve faster, while complex cases involving multiple defendants or complicated medical issues can take longer.

This timeline includes the 90-day defendant response period, panel selection, discovery, evidence submission, and panel deliberation. While this may seem like a long time, it is actually faster than proceeding directly to litigation in many cases.

Is the Medical Review Panel Opinion Binding?

No. The panel’s opinion is not legally binding on either party. You can proceed with a lawsuit even if the panel finds in favor of the healthcare provider. Similarly, the defendant can continue to contest your claim even if the panel finds malpractice occurred.

However, the panel opinion has practical significance. If the panel sides with you, it strengthens your negotiating position and may encourage settlement. If the panel sides with the healthcare provider, it does not end your case, but it does create an additional hurdle if you proceed to trial, as the defense can introduce the panel opinion as evidence.

What Happens After the Panel Issues Its Opinion?

Once the panel issues its opinion, the statute of limitations for filing a lawsuit is tolled (paused) for an additional 90 days. This gives both sides time to evaluate the opinion and decide whether to settle or proceed to litigation.

Many cases settle during or shortly after the panel process. If the panel finds malpractice occurred, defendants and their insurers often become more willing to negotiate a fair settlement. If the panel finds no malpractice, plaintiffs must weigh the challenges of proceeding to trial against the strength of their evidence.

If a settlement is not reached, you can file a lawsuit in court. At that point, your case proceeds like any other civil litigation, with formal discovery, depositions, motions, and potentially a jury trial.

Do All Medical Malpractice Cases Require a Medical Review Panel?

Most Indiana medical malpractice cases require panel review, but there are exceptions.

Cases seeking $15,000 or less in damages do not require panel review. However, if during the case it becomes clear your damages exceed $15,000, you may need to dismiss your lawsuit without prejudice and restart the process through the panel.

Cases that do not fall under Indiana’s Medical Malpractice Act, such as certain intentional torts or claims against entities that do not qualify as healthcare providers, may not require panel review. These situations are rare and fact-specific.

Emergency care providers, in certain circumstances, may have different procedural requirements, though most emergency medicine malpractice cases still go through the panel process.

How Does the Panel Requirement Affect Your Case Timeline and Strategy?

The panel requirement adds time to your case, but it also provides benefits. The panel process encourages early case evaluation and settlement. Both sides must confront the strengths and weaknesses of their positions earlier than they would in traditional litigation.

For plaintiffs, a favorable panel opinion strengthens settlement leverage. For defendants, an unfavorable opinion often prompts serious settlement discussions. The process filters out weaker cases and helps both sides understand what a jury might think about the evidence.

The panel requirement also affects the two-year statute of limitations. Filing your complaint with the Indiana Department of Insurance stops the statute of limitations clock, even though you have not yet filed a lawsuit in court. This protects your rights while the panel process unfolds.

Working With Experienced Panel Attorneys

Montross Miller has guided clients through hundreds of Medical Review Panel proceedings over more than 45 years of handling Indiana medical malpractice cases. We know how to present evidence effectively to panels, what factors influence their opinions, and how to use panel outcomes strategically, whether your case settles or proceeds to trial.

Contact us for a complimentary case evaluation at (317) 574-4500 or visit our contact page to discuss your situation and next steps.