Understanding the Medical Review Panel Process in Louisiana

In Louisiana, individuals alleging medical malpractice must first present their claims to a Medical Review Panel (MRP) before initiating a lawsuit against a healthcare provider. This process, mandated by the Louisiana Medical Malpractice Act, serves as a preliminary step to assess the validity of malpractice claims.

If you are a Louisiana resident who suffered injury as the result of your doctor’s negligence or the negligence of another health care provider or health care facility, you may be considering filing a medical malpractice lawsuit. One of the things you need to be aware of, however, is that before filing your suit, you must present your case to the Medical Review Panel. At Lee M. Schwalben, M.D., J.D., LLC, our experienced Lake Charles medical malpractice attorney helps clients understand and navigate this essential step.

According to the Louisiana Division of Administration, the Medical Review Panel consists of one attorney and three health care providers. Any licensed Louisiana physician actively engaged in practice is qualified to serve on the Panel. The attorney is the nonvoting chairman and has the following duties:

• He convenes the panel.
• He expedites the selection of the health care providers.
• He establishes the schedule for the submission of evidence.

Duties of the Division of Administration

Within 30 days after filing your claim, the DOA must do the following:

• Notify you that your claim was received
• Verify that the person and/or institution against whom you are making the claim is a qualified health care provider
• Verify that you have paid the filing fee
• Notify your defendant(s) that you have made a claim against them

Subsequent procedures

You have 30 days after receiving your notice to choose a health care provider to serve on the Panel and to notify the Panel chairman and your defendant(s) of your choice. Your defendant(s) then have 15 days to choose their health care provider to serve on the Panel. Your provider and their provider then select the third provider.

How Does the Medical Review Panel Process Work?

1. Filing the Request

   • Claimants must submit a written request for review to the Division of Administration.
   • A filing fee is required, which must be paid before the process begins.

2. Panel Formation

   • Each party selects one healthcare provider to serve on the panel.
   • The two selected panelists choose a third member, creating a balanced and specialized team.

3. Evidence Submission

   • Both parties submit relevant medical records, expert opinions, and other evidence.
   • The panel reviews the submissions to determine if the accused provider breached the standard of care.

4. Panel Opinion

   • The panel issues a written opinion, which can:
     • Find that the standard of care was breached.
     • Conclude no breach occurred.
     • Indicate that factual issues require resolution in court.
   • While the opinion is not binding, it holds significant weight in subsequent litigation.

FAQs

1. Is the Medical Review Panel’s Opinion Binding?

No, the panel’s opinion is not legally binding. However, it can influence settlement discussions or provide critical evidence during a trial.

2. How Long Does the MRP Process Take?

The timeline varies but generally takes 12 to 18 months, depending on the complexity of the case and the availability of panel members.

3. Can I Bypass the MRP Process?

No, unless the claim involves parties or circumstances exempt from the Louisiana Medical Malpractice Act.

4. Does the Panel Favor Healthcare Providers?

The process aims to be impartial. However, critics argue that inherent biases may exist, especially if panelists have professional relationships with the defendant.

Key Statistics and Insights

• Prevalence of Medical Malpractice Claims:

  Louisiana has the highest rate of medical malpractice in the U.S., with an average of 1,330 adverse action reports filed annually between 2013 and 2023.

• Payouts in Medical Malpractice Cases:

  In 2023, the average medical malpractice payment in Louisiana was $303,756, with a total of 220 payments made.

• Mandatory Medical Review Panel Statistics:

  The Louisiana Division of Administration oversees the Medical Review Panel process for claims against qualified healthcare providers in the public sector.

• Non-Economic Damage Caps:

  Louisiana’s Medical Malpractice Act limits non-economic damages to $500,000 per case, excluding medical expenses.

Key Takeaways

• Mandatory Process: Filing with an MRP is a legal requirement for most malpractice claims in Louisiana.

• Thorough Preparation Is Essential: Success heavily depends on well-documented evidence and credible expert witnesses.

• Not the Final Step: The panel’s findings serve as a foundation for court proceedings, not a resolution.

This information should not be taken as legal advice. It can, however, help you understand the process and what to expect.