The parties can read exactly what was said during the questioning. It is also a method of holding the physicians to their opinion during later depositions and court testimony. The prudent Panelist should request a copy of the transcript and read it prior to giving a deposition. This issue was decided in the affirmative by the trial court. C. Citing McElveen, supra., as controlling.
Videotapes can aid in the evaluation of the physicians as placed before a judge and jury.
It also allows the plaintiff's attorney the opportunity to show the tape to their client to reevaluate the facts in light of the Panel's opinion. Neither the parties nor their counsel may be present during the deliberations, but they may be present during the questioning of the Panel. However, only counsel is allowed to question the Panel. Claimants often refuse to participate in the Review Panel Process in order to achieve or perceive strategic advantage at trial. They also wish to cross examine Panelists at trial to show the decision was reached without the plaintiff attorneys' input.