When it comes to medical malpractice claims, Louisiana is a bit more complicated than other states.
Here are three important things to know about medical malpractice claims in Louisiana.
1. Your medical malpractice claim must go before a medical review panel.
Before a lawsuit can be filed, your medical malpractice claim must go before a panel of three doctors. This panel is selected by the competing parties -- you (or your lawyer) and the health care provider. The panel's job is to review the case to determine whether it has merit.
After the panel has made its decision, you have 90 days to file a lawsuit.
Important: the panel's report can be used as evidence or testimony at trial or in out-of-court proceedings, so it is important to have an experienced lawyer handle these matters and represent you throughout the entire process.
2. There is a one-year statute of limitations.
In Louisiana, a medical malpractice claim must be filed within one year of the negligence or omission that led to the injury, or within one year of when you discovered the injury or malpractice. In any case, you cannot file a medical malpractice claim if more than three years have passed since the injury or negligence occurred.
3. Louisiana law places a cap on medical malpractice damages.
In Louisiana, the limit for monetary damages in medical malpractice cases is $500,000, plus the cost of any future medical care needed for the injury. While in some cases the overall cost of the injury may well exceed $500,000, that amount can still be immensely helpful on the road to recovery.
To learn more about these matters, please see our medical malpractice FAQ. The attorneys of Ballay, Braud & Colon, PLC, advise and represent victims of medical negligence in Louisiana.