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Jeffery v. Bickham8/22/2001
of the summary judgment. See, Hinson, 774 So. 2d at 1137; Pugh v. Beach, 31,361 (La. App. 2d Cir. 12/11/98), 722 So. 2d 442; Gardner on Behalf of Gardner v. Louisiana State University Medical Center in Shreveport, 29,946 (La. App. 2d Cir. 10/29/97), 702 So. 2d 53. Louisiana R.S. 40:1299.47(H) provides that the "report of the expert opinion reached by the medical review panel shall be admissible as evidence in any action subsequently brought by the claimant . . . ." A medical review panel opinion is admissible evidence when offered in support of (or in opposition to, as the matter may be) summary judgment motions in medical malpractice cases. Hinson, 774 So. 2d at 1137; Pugh, 722 So. 2d at 444. The findings of the medical review panel, whose members are physicians actively working in their fields of expertise, are based on the experts' personal knowledge gained through experience and may be considered in evaluating a summary judgment. Hinson, 774 So. 2d at 1137; Pugh, 722 So. 2d at 444. Additionally, the Louisiana Supreme Court has held that expert opinion evidence is admissible at the summary judgment stage when such evidence meets the Daubert standards for admissibility. Independent Fire Ins. Co. v. Sunbeam Corp., 99-2181, 99-2257 (La. 02/29/00), 755 So. 2d 226. Therefore, we conclude that this assignment of error has no merit, and the opinion of the medical review panel was properly considered by the trial court.
Conclusion
For these reasons, the order of the trial court granting appellees' motion for summary judgment is affirmed, with costs being assessed to Jeffery.
AFFIRMED.
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