Sec. 22. (a) The panel has the sole duty to express the panel’s expert opinion as to whether or not the
evidence supports the conclusion that the
defendant or defendants acted or failed to act within the appropriate standards of care as charged in the
complaint.
Ask a medical malpractice law question, get an answer ASAP!
Thousands of highly rated, verified medical malpractice lawyers.
Click here to chat with a lawyer about your rights.
Terms Used In Indiana Code 34-18-10-22
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Plaintiff: The person who files the complaint in a civil lawsuit.
(1) The evidence supports the conclusion that the defendant or defendants failed to comply with the appropriate standard of care as charged in the complaint.
(2) The evidence does not support the conclusion that the defendant or defendants failed to meet the applicable standard of care as charged in the complaint.
(3) There is a material issue of fact, not requiring expert opinion, bearing on liability for consideration by the court or jury.
(4) The conduct complained of was or was not a factor of the resultant damages. If so, whether the plaintiff suffered:
(A) any disability and the extent and duration of the disability; and
(B) any permanent impairment and the percentage of the impairment.
[Pre-1998 Recodification Citation: 27-12-10-22.]
As added by P.L.1-1998, SEC.13.
