If you or a loved one has suffered due to medical negligence in Southern Indiana, the road to justice has historically been paved with significant hurdles. For decades, the Indiana Medical Malpractice Act has acted as a gatekeeper, often delaying cases for years.
However, as of January 20, 2026, the legal landscape has shifted. In a unanimous 9-0 decision in Berk v. Choy, the U.S. Supreme Court fundamentally changed how medical malpractice litigation can proceed in federal court.
The Traditional Hurdle: The Indiana Medical Review Panel
Under Indiana law, most medical malpractice claims cannot go straight to a judge or jury. Instead, they must first be submitted to a Medical Review Panel. This process involves a panel of doctors reviewing your claim—a requirement that can take years and often favors the healthcare provider.
While intended to filter out frivolous suits, this process often results in:
- Extensive Delays: It can take years to secure a panel opinion.
- Provider Bias: The panel consists of the defendant’s peers.
- Procedural Red Tape: It creates an extra layer of costs and administrative work before you ever reach a courtroom.
The Breakthrough: How Berk v. Choy Changes the Rules
The Supreme Court’s ruling in Berk v. Choy addresses state-mandated “hoops”—such as affidavits of merit or pre-suit review boards—that conflict with federal procedure.
The Court held that these state procedural requirements do not apply in federal court because they conflict with the Federal Rules of Civil Procedure. Because Indiana’s Medical Review Panel is a procedural hurdle similar to the one struck down in this ruling, plaintiffs may now have a path to file directly in federal court, skipping the panel process entirely.
Is Your Case Eligible to Bypass the Panel?
To leverage this landmark ruling, your case must qualify for Federal Diversity Jurisdiction. This allows your case to be heard in a federal district court rather than an Indiana state court. To qualify, two main criteria must be met:
- Amount in Controversy: Your claimed damages (medical bills, lost wages, pain and suffering) must exceed $75,000.
- Complete Diversity of Citizenship: Every plaintiff must be a citizen of a different state than every defendant.
| Scenario | Can You Bypass the Panel? |
| Complete Diversity (e.g., You live in New Albany, but the hospital is headquartered in another state) | YES — If damages exceed $75,000, you can likely file directly in federal court. |
| In-State Defendants (e.g., You live in Indiana and the doctor is also an Indiana resident) | NO — Diversity is “broken,” and the case must typically follow the state panel process. |
Why Strategic Legal Counsel Matters Now More Than Ever
Navigating the intersection of state malpractice law and federal jurisdiction requires more than just general legal knowledge; it requires a deep understanding of evolving Supreme Court precedents.
Marc Sedwick stays at the cutting edge of these national legal shifts to ensure his clients aren’t stuck in a bureaucratic standstill. By choosing SedwickLaw, you benefit from:
- Jurisdictional Expertise: We immediately evaluate your case for “Complete Diversity” to see if we can fast-track your claim to federal court.
- Provider Vetting: We determine if your provider is “qualified” under the Indiana Act, which dictates the initial strategy of your filing.
- Aggressive Advocacy: We aim to move your case directly into a system focused on the facts, not one mired in panel delays.
Don’t Let Your Case Stall for Years. Contact Us Today.
If you believe you have been a victim of medical negligence, time is of the essence. Let us help you determine if Berk v. Choy provides you with a “fast lane” to the justice you deserve.
SedwickLaw, PC
229 West Spring Street
New Albany, IN 47150
- Phone: 812-944-7670
- Toll-Free: 877-890-5090
- Website: www.marcsedwick.com
Contact Marc Sedwick today for a free, no-obligation consultation.