Indiana Medical Review Panel: What Claimants Must Do

Claimant organizing medical review panel evidence

An Indiana medical review panel is a three-physician, one-attorney body created under Indiana Code §34-18-10 that issues a written expert opinion on whether a health care provider met the applicable standard of care. That opinion is admissible as evidence in any later court proceeding but is not conclusive under §34-18-10-23. Three authorities govern the process: the Indiana Department of Insurance (IDOI), Indiana Code §34-18-10, and the Patient’s Compensation Fund (PCF).

Bottom-line steps to start a panel:

  • File a proposed complaint with the IDOI.
  • Wait at least 20 days after filing before serving a written request for panel formation.
  • Serve that request by registered or certified mail on all parties and the IDOI Commissioner.
  • Select a chairperson within 15 days; select the three health care provider panelists within the statutory windows that follow.
  • Submit all evidence in written form only (X-rays, lab results, treatise excerpts, depositions).
  • Expect a written, signed panel opinion within 180 days of the last panelist’s selection.

The prevailing side pays panel fees, which average approximately $4,000.


Indiana Medical Review Panel: What Claimants Must Do, overview diagram

Key Takeaways

The Indiana medical review panel issues an admissible but non-conclusive expert opinion, and the prevailing side pays fees averaging approximately $4,000, making organized evidence and timely filings critical to your claim.

Point Details
20-day rule You must wait at least 20 days after filing a proposed complaint before requesting panel formation.
15-day selection window Select a chairperson within 15 days of the formation request; panelist selection follows statutory windows.
Written evidence only Submit X-rays, lab results, treatise excerpts, and depositions; no live testimony before the panel.
180-day opinion target The panel should deliver a written, signed opinion within 180 days of the last panelist’s selection.
2keller representation 2keller manages filings, evidence organization, and post-opinion strategy on a contingency-fee basis.

Indiana medical review panel procedural timeline diagram


Table of Contents

Why the panel deserves your full strategic attention

Most claimants treat the medical review panel as a procedural hurdle. We treat it as the first real opportunity to shape the outcome of a case, and that shift in mindset changes everything about how evidence gets prepared.

Because the panel is document-driven, written submissions are the only vehicle you have to tell your story. Panelists are practicing clinicians with limited time. A clear one-page case summary, a labeled exhibit index, and highlighted records focused on the alleged breach of standard of care will hold their attention far better than a stack of raw charts. Concise, well-organized submissions consistently produce clearer panel opinions, and a clear opinion, favorable or not, accelerates resolution.

A favorable majority opinion strengthens your bargaining position considerably before trial. An unfavorable or split opinion is not the end of the road: under §34-18-10-23, either party may call panel members as witnesses at that party’s expense, which opens a path to challenge or contextualize the opinion at trial.

Pro Tip: If the parties cannot agree on a chairperson within the 15-day window, either party may ask the Clerk of the Indiana Supreme Court to draw a random list of five attorneys practicing in the county of venue or a neighboring county. The $25 clerk fee is modest; the cost of a protracted selection dispute is not. Move quickly on chairperson selection and prioritize attorneys familiar with the Medical Malpractice Act.

Failing to track the 20-day waiting period after filing a proposed complaint is one of the most common and costly procedural missteps in the process. Missing that window or serving the request improperly can delay your entire claim.


How 2keller helps you through the panel process

Navigating the Indiana medical review panel requires precise timing, organized evidence, and steady communication with the IDOI. 2keller handles the full process: drafting and serving the formation request, building exhibit binders with clear summaries, preparing deposition excerpts and treatise citations, and coordinating with the IDOI at PCF-COI@idoi.IN.gov on administrative matters.

2keller

We track every statutory deadline so you do not face the fee-allocation risk of a procedural misstep. When the panel opinion arrives, we advise you on whether to settle, call panelists as witnesses, or proceed to trial. Our representation is on a contingency basis: you pay nothing unless we recover for you. To learn more about the benefits of legal representation in cases like yours, or to understand what a serious injury claim involves, start with a free consultation. Contact 2keller today.


Sources

Primary references for verifying rules, timelines, and fees:

  • IDOI: Medical Review Panel
  • Title 34. Civil Law and Procedure Article 18. Medical Malpractice Chapter 10. Medical Review Panel 34-18-10-23. Report of Panel as Evidence at Trial; Members as Witnesses

This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.

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