Why are prelitigation panels used in medical malpractice cases?
1. Using such a panel negates the need for a full jury trial.
2. Questioning of witnesses is not conducted under oath and is more informal.
3. These panels ensure that there is a controversy or fact question for the court.
4. Such panels shorten the time between filing and conclusion of the lawsuit.
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Rationale: The sole purpose of a prelitigation panel is to determine facts and whether there is indeed an actual controversy. Jury trials often proceed after a panel review and are not negated. While it is an informal process, this informality is not the primary reason for using prelitigation panels. In states that use this type of panel, lawsuits are often extended by six to twelve months.
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