HLS 12RS-1191 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 612
BY REPRESENTATIVE EDWARDS
MALPRACTICE/MEDICAL: Provides relative to medical review panels
AN ACT1
To amend and reenact R.S. 40:1299.47(G)(1) and (2), relative to medical review panels; to2
provide for evidence presented to a medical review panel; to provide for the report3
of the medical review panel as to a violation of a standard of care; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1299.47(G)(1) and (2) are hereby amended and reenacted to read7
as follows: 8
ยง1299.47. Medical review panel9
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G. The panel shall have the sole duty to express its expert opinion as to11
whether or not the evidence supports the conclusion that the defendant or defendants12
acted or failed to act within the appropriate standards of care. After reviewing all13
evidence and after any examination of the panel by counsel representing either party,14
the panel shall, within thirty days, render one or more of the following expert15
opinions, which shall be in writing and signed by the panelists, together with written16
reasons for their conclusions:17
(1) The evidence supports the conclusion that the defendant or defendants18
failed to comply with the appropriate standard of care as charged in the complaint.19 HLS 12RS-1191 ORIGINAL
HB NO. 612
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) The evidence does not support the conclusion that the defendant or1
defendants failed to meet the applicable standard of care as charged in the complaint.2
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Edwards HB No. 612
Abstract: Relative to the written opinion of the medical review panel as to whether or not
the defendant failed to meet the appropriate standard of care, deletes the requirement
that the failure to meet a standard of care is limited to the standard of care as charged
in the complaint.
Present law provides that the medical review panel shall have the sole duty to express its
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.
Present law provides that after reviewing all evidence, the panel shall, within 30 days, render
one or more of the following written expert opinions:
(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)That there is a material issue of fact, not requiring expert opinion, bearing on liability
for consideration by the court.
(4)When (1) above is answered in the affirmative, that the conduct complained of was
or was not a factor of the resultant damages. If such conduct was a factor, 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.
Proposed law retains present law but deletes the requirement in (1) and (2) above that the
failure to meet a standard of care is limited to the standard of care as charged in the
complaint.
(Amends R.S. 40:1299.47(G)(1) and (2))