ALMON v. LABORDE (2025)

Granted. A medical review panel's opinion is subject to mandatory admission unless the panel exceeded its statutory authority. La. R.S. 40:1231.8(H); Valenzuela v. Danj, 2023-00198 (La. 5/16/23), 360 So. 3d 473; Sanderson v. Tulane University Hospital and Clinic, 18-0588 (La. 6/15/18), 245 So. 3d 1043.

Unlike the situation in McGlothlin v. Christus St. Patrick Hospital, 10-2775 (La. 7/1/11), 65 So.3d 1218, there is no indication the medical review panel in the instant case found any inconsistencies in the evidence or made any credibility determinations. See Keller v. Touro Infirmary, 2023-00830 (La. 6/17/23), 362 So. 3d 403. Instead, the medical review panel relied on undisputed facts contained in the medical records and other evidence in reaching its opinion.

Therefore, we find the entire medical review panel opinion is admissible. Of course, as with any expert testimony or evidence, the medical review panel opinion is subject to review and contestation by the opposing party, and the trier of fact is free to accept or reject any portion or all of the opinion. McGlothlin, 65 So. 3d at 1227.

Accordingly, the judgment of the district court granting plaintiff's motion in limine is reversed. The case is remanded to the district court for further proceedings.

PER CURIAM

Hughes, J., dissents and would deny.