Pre-Suit Screening Panel

Pre-Suit Screening Panel

Pre-Suit Screening Panel

Screening panels typically comprise physicians and sometimes attorneys or laypersons who review submissions and issue an opinion on whether the standard of care was breached. The opinion is generally non-binding but may be admissible.

Participation is mandatory in several states.

Alternative Names:

Screening Panel, Pre-Litigation Panel

Why it Matters?

Admissibility of the panel opinion at trial is what gives the process force, since a finding of no breach that reaches the jury is substantial evidence. States differ on whether the opinion is admissible, whether panel members may testify, and what weight the jury may give it. The process also tolls limitations during review, which affects filing calculations.

Frequently asked questions

Is the panel opinion admissible?

Is the panel opinion admissible?

It varies by state. Where admissible, a finding of no breach is substantial evidence at trial.

Does the process affect limitations?

Does the process affect limitations?

Yes. Panel review typically tolls the limitations period during the proceeding, which affects filing deadline calculations.