If you’ve been injured by a medical professional in Louisiana, filing a lawsuit isn’t your first step. Before you can bring most medical malpractice claims to court, you must go through something called the Medical Review Panel (MRP) process—a legal hurdle that can feel confusing, frustrating, and stacked against the patient.
So what is a Medical Review Panel? Why does it matter? And how can you prepare for what’s ahead?
Here’s a breakdown of how the process works—and how an experienced Louisiana malpractice attorney can help guide you through it.
What Is a Medical Review Panel in Louisiana?
In Louisiana, most medical malpractice claims must first go through a Medical Review Panel (MRP) before a lawsuit can be filed in court. This process is a unique legal requirement designed to filter out unfounded claims and offer an expert medical opinion early in the case.
The panel consists of three licensed healthcare professionals—typically in the same or a similar specialty as the provider in question—and one attorney, who serves as a non-voting chairperson to manage the process and ensure legal procedures are followed.
The panel’s job is not to determine fault in the legal sense or assign a dollar amount in damages. Their sole purpose is to review the evidence and provide a written opinion on whether the healthcare provider’s actions did or did not meet the accepted standard of care, or the baseline level of skill, attention, and decision-making that a reasonably competent provider would have used under the same circumstances.
While the panel’s opinion is not binding, it can carry significant weight in court. A favorable opinion can strengthen a patient’s claim and potentially lead to a faster settlement, while an unfavorable opinion may create additional legal hurdles (though it doesn’t prevent you from filing suit).
When Is a Medical Review Panel Required?
Louisiana law (La. R.S. 40:1231.8) requires an MRP in nearly all medical malpractice claims involving:
- Doctors
- Hospitals
- Nurses
- Nursing homes
- Other licensed medical professionals
The panel is mandatory unless the defendant waives the requirement—something that rarely happens.
How Long Does the Medical Review Panel Process Take?
The Medical Review Panel process in Louisiana is not a quick one. On average, it takes six months to over a year, depending on the complexity of the case, the number of defendants involved, and how efficiently medical records and evidence are gathered and reviewed.
Several factors can slow the process down:
- Delays in obtaining complete medical records
- Difficulty securing qualified panel members in the appropriate specialty
- Scheduling conflicts among panelists and attorneys
- The need for expert witness reports or additional documentation
During this time, the statute of limitations (also known as the prescriptive period) is paused, meaning the clock temporarily stops on the one-year deadline you would normally have to file a lawsuit. However, once the panel process is completed and the opinion is issued, the clock starts ticking again, so timing remains critical.
What Happens After the Panel Issues Its Opinion?
Once the panel gives its written opinion:
- If the panel finds no malpractice, you can still file a lawsuit—but you’ll face an uphill battle in court.
- If the panel finds in favor of the patient, it strengthens your case and can lead to a favorable settlement or court judgment.
It’s important to understand:
The panel’s opinion is not binding, but it can be used as evidence in court.
Why You Need an Experienced Malpractice Attorney Early in the Process
Louisiana’s Medical Review Panel process often feels tilted in favor of healthcare providers. All voting members are medical professionals, usually peers of the provider being reviewed. The patient, meanwhile, bears the burden of proof.
That’s why having an experienced malpractice attorney is essential. A lawyer can:
- Gather and present strong medical evidence
- Work with outside experts
- Navigate deadlines and panel procedures
- Prepare your case for court if needed
Without legal guidance, it’s easy to miss key steps or your opportunity for justice.
If you believe you or a loved one has suffered due to medical negligence, the first step is speaking with an attorney who understands the system and knows how to build a strong case from the start.
At MGM Injury Attorneys, we help Louisiana patients hold negligent providers accountable. Contact us today for a free consultation.