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Perritt v. Dona9/20/2002
the physicians and other health care providers. Each party is allowed to see the evidence sent to the review panel.
The panel meets informally with the parties and their attorneys. The parties may question the panel. It is the panel's duty to decide the applicable standard of care and whether that standard was breached. All information is submitted in written form to the panel and is provided in advance of the meeting to all the parties.
When a plaintiff's claimed injury is one caused by medical harm, his or her proof usually requires expert testimony. This is particularly true in determining the standard of care. Plaintiff may well look to the review panel for that expert opinion. To compel a plaintiff to articulate the standard of care at the screening stage necessarily requires him to search out and hire experts. This court agrees that this is not required.
Under the majority opinion, while the claim is pending before the review panel, exceptions of vagueness and/or no cause of action could be filed in the trial court to compel plaintiff to state the particular injury or injuries suffered and allege facts of causation linking these injuries to the defendant's actions. With this I disagree. The Medical Malpractice Act allows only exceptions of prescription at the screening stage. Otherwise, the process would become costly, burdensome and dilatory. The particulars of the injury and causation will become clear in the written evidence submitted to the panel. If the panel members cannot discern any injuries suffered or any causal connection, they have the expertise to say so.
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