In September of 2011, the Indiana Court of Appeals rendered its opinion in Doe Corp. v. Honore, 950 N.E.2d 722 (Ind. Ct. of App. 2011). The central issue in the case was whether the trial court had equitable power to consider a request for a preliminary determination of law after the Medical Review Panel had issued its written Opinion.
In the present case, the parties agreed that the nurse member of the Medical Review Panel would not be allowed to opine as to causation in the Panel’s written Opinion. The Medical Review Panel chair agreed to abide by the parties’ agreement and no preliminary determination of law was sought on the issue before the Medical Review Panel meeting. However, when the written Opinion was issued by the Panel, the nurse member opined as to causation despite the agreement amongst the parties that they would not offer such an opinion.
Subsequently, Defendant Doe Corp. moved for a preliminary determination of law pursuant to the Indiana Medical Malpractice Act I.C. 34-18-1-1 et seq. before the trial court challenging the Panel Chair’s act of reneging on the agreement and the findings of the Panel Opinion. The estate claimed that Doe Corp. was foreclosed by statute from seeking a preliminary determination of law on this issue because the written Opinion of the Medical Review Panel had already been issued.
The trial court agreed with plaintiff and did not consider the petition filed by Doe Corp.; however, the Court of Appeals reversed the trial court’s decision and determined that the trial court had equitable power to consider a request for preliminary determination of law by a party after the Panel had issued its written Opinion. Therefore, the case was remanded back to the trial court for further deliberation on the issues set forth in Doe Corp.’s petition for preliminary determination of law.
This is an important opinion for the defense as it appropriately permits a Defendant to seek relief and pursue a petition for preliminary determination of law on various legal issues that may arise following the issuance of the Medical Review Panel Opinion. The Court’s ruling establishes the trial court is an appropriate venue for such disputes after the Panel has rendered its written decision.
Should you have any questions, please contact your regular Hall Render attorney.
