Expert Testimony Needed To Rebut Medical Review Panel’s Findings
Indiana Medical Malpractice Cases
In June 2010, Lloyd Perry filed with the Department of Insurance a proposed complaint alleging malpractice by a number of physicians and other healthcare providers and amended it in January 2011 to add more defendants.The medical review panel unanimously found all the defendants except one hospital met the appropriate standard of care. It found the conduct of the hospital that did not meet the standard of care was not a factor in Perry’s injuries.
After the medical review panel’s decision, the health care providers moved for summary judgment to have Perry’s case thrown out. Perry submitted a brief in response, but the record does not reflect he designated expert testimony to rebut the panel’s findings. Perry appealed to the Indiana Court of Appeals.
The Court of Appeals ruled that once the defending parties win the opinion of the medical review panel, which finds that they exercised the applicable standard of care, the plaintiff must generally present expert opinion testimony to demonstrate there is a genuine issue of material fact. The Court stated that they must do this because of the complexity of medical diagnosis and treatment.
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Indiana Medical Negligence
The Sweeney Law Firm handles all types of cases related to medical malpractice and medical negligence.
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