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Terms Used In Louisiana Revised Statutes 37:119

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

The 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.  After reviewing all evidence and after any examination of the panel by counsel representing either party, the panel shall, within thirty days, but no later than one hundred eighty days after the selection of the last panel member, render one or more of the following expert opinions, which shall be in writing and signed by the panelists, together with written reasons for the panel’s conclusions:

(1)  The evidence supports the conclusion that the defendant or defendants failed to comply with the appropriate standard of care as charged in the request for review.

(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 request for review.

(3)  That there is a material issue of fact, not requiring expert opinion, bearing on liability for consideration by the court.

Acts 1997, No. 747, §1.