Commissioner of Administration
Attention: Medical Review Panel
P. O. Box 44336
Baton Rouge, LA 70804-4336

Division of Administration
Attention: Medical Review Panel
1201 North Third Street - 7th Floor, Ste. 230
Baton Rouge, LA 70804

1. Confirm to the claimant that the claimant's complaint has been received.
2. Determine whether the defendant is or is not a qualified public health care provider with State of Louisiana.
3. Determine amount of filing fee owed or paid.
a. If filing fee not paid, acknowledge claimant, advise of qualifications, request payment of filing fees and diary for forty-five (45) days for money to be collected from claimant or affidavit or forma pauperis ruling.
b. If filing fee paid, acknowledge claimant and advise the Office of Risk Management in order for an attorney to be assigned to represent the defendant(s) and notify defendant(s).
4. Notify all named defendants that a complaint has been filed as well as a request for the formation of a Medical Review Panel.

EXCEPTION:
1. If the Defendant files an Answer to the Petition for Damages without filing an Exception of Prematurely, then he waives his right to have the matter reviewed by a Medical Review Panel in accordance with LSA 40:1299.47.
2. If the right to review by the medical review panel has not been waived, then the medical review panel must render an opinion within twelve (12) months after the date of notification of the selection of the attorney chairman. If no such opinion is rendered, suit may be filed against a health care provider covered by this Part.

1. The Clerk of the Supreme Court, upon notification of the State Medical Review Panel, shall draw names of five attorneys from the parish of venue and then notify the Commissioner of Administration of the names selected.
2. Within 5 days, the Commissioner shall notify the parties of the attorneys selected. The parties have 5 days to select. If they cannot come to a mutual agreement with 5 days a procedure is enacted whereby each party strikes a name alternatively until only one name remains. The remaining name is the attorney panel member. If either party fails to strike a name then the Clerk of the Supreme Court shall strike for that party within five additional days.

1. Act as chairman of the panel but cannot vote;
2. Expedite the selection of the other members of the panel;
3. Convene the panel;
4. Establish a reasonable schedule for submission of evidence to the medical review panel, but must allow the parties sufficient time to make full and adequate presentation of the facts and authorities within 90 days following selection of the panel.

1. Evidence to be considered by the medical review panel shall be submitted promptly in written form only.
2. Depositions of the parties may be taken prior to the convening of the Medical Review Panel.

1. Medical charts, x-rays, excerpts from treatises, depositions of witnesses including the parties, affidavits and reports of medical experts and any other form of evidence allowable by the medical review panel.
2. A copy of all evidence shall be sent to each member of the Medical Review Panel.
3. The panel has the ability to request and procure all necessary information.
4. The panel may consult with medical authorities. (However, if they consult with such authorities, the parties must be given the names and offered the opportunity to depose the panel's medical authority. Both parties shall have full access to any material submitted to panel.)

1. The Division of Administration shall pay if the opinion of the panel is in favor of the defendant State or person covered by this Part.
2. The claimant shall pay if the opinion of the panel is in favor of the claimant.
3. The costs of the panel shall be spilt between the claimant and the Division of Administration if the panel finds that there is material issue of fact bearing on liability for consideration by the court.

1. A request for the formation of a medical review panel.
2. The name of the patient.
3. The names of the claimants.
4. The names of defendant state health care providers.
5. The dates of the alleged malpractice.
6. A brief description of the alleged malpractice as to each named defendant state health care provider.
7. A brief description of alleged injuries

1. An affidavit of a physician holding a valid and unrestricted license to practice his specialty in the state of his residence certifying that adequate medical records have been obtained and reviewed and the allegations of malpractice against each defendant state health care provider named in the claim constitute a claim of a breach of the applicable standard of care as to each named defendant state health care provider.
2. An in forma pauperis ruling issued by a district court in the venue in which the malpractice claim could properly be brought.