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