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Committee approves alternative to mandatory medical review panels, creating certificate‑of‑merit option
Summary
Senate Bill 500 allows medical‑malpractice claimants to choose an affidavit/certificate‑of‑merit pathway (expert review) instead of mandatory medical review panels; proponents said panels delay resolution and increase costs, opponents (hospitals, insurers) warned the change could destabilize the system and lacks guardrails; committee reported the bill favorably on roll call (4–2).
Senator Connick presented SB 500, which would give malpractice claimants the option to either proceed through the existing medical review panel process or file directly in court if accompanied by a sworn certificate of merit from a qualified medical expert attesting to a good‑faith basis for the claim. Connick said the current panel process routinely delays matters for years and doubles defense costs because insurers effectively litigate twice — once at the panel stage and again if litigation follows.
Proponents, including plaintiff attorneys and the Patient Rights Advocacy Forum, provided panel statistics and argued that the panel system frequently leaves victims waiting years for resolution. Chip Weigar and others said data from the Patient Compensation Fund shows many panels remain undecided for long periods and that a certificate‑of‑merit system — used in 28 other states — can filter meritless claims faster and reduce costs.
Opponents — including the Louisiana Hospital Association and insurer Lamico — argued panels provide a peer‑review safeguard and stressed the bill's certificate requirements are not sufficiently precise about specialty alignment, independence, and other guardrails. Hospitals warned the bill could increase litigation uncertainty and defense costs; Lamico pressed for improvements to limit certificates to appropriate, independent experts.
After extended questioning and debate, the committee called the roll on Connick's motion to report SB 500 favorably. The roll call recorded four yes votes and two no votes (vote recorded in committee minutes). The bill was reported favorably.
