§ 34-18-10-22 Expert opinions

Codes > Indiana Code > Title 34 > Article 18 : Chapter 10 > 34-18-10-22 Expert

34-18-10-22 Expert opinions

    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.

    (b) After reviewing all evidence and after any examination of the panel by counsel representing either party, the panel shall, within thirty (30) days, give one (1) or more of the following expert opinions, which must be in writing and signed by the panelists:

        (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.