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The cap on medical malpractice could hurt your claim

| May 5, 2021 | Medical Malpractice |

In Louisiana, there is an issue: There is a $500,000 cap on medical malpractice damages. That limit hasn’t been changed since 1975, which makes it difficult for injured parties to collect the money they need.

It’s important for you to reach out to an attorney as soon as you can if you have been hurt by a medical provider or treatment plan. Since the medical malpractice laws are dated in Louisiana, they are strict and specific. If you don’t take action right away and in the right ways, you could face trouble when trying to make your medical malpractice claim.

What is a medical malpractice cap, and why is it used?

A medical malpractice cap is a cap on the total amount of money that a victim can receive for damages from pain and suffering. The cap is on all damages in Louisiana but allows additional payments for future medical expenses. This still means that it can be difficult to get the full amount of compensation needed in some cases.

Essentially, the $500,000 cap does two things. First, it creates a class of victims who are fully compensated because their expenses fall below $500,000. Second, it creates a second class of victims who are limited in how much they can seek, even though they need more to cover their losses. This isn’t fair, but it is how the system works at the moment.

What can you do to fight for maximum compensation?

Your focus should be on getting the most compensation possible. Proving that a medical provider made mistakes or did not pay attention to your needs as a patient is the first step. You’ll also need to show your financial losses and how you’ve been impacted by any injuries that you suffered. If you have no injuries from malpractice, then you may not be able to make any kind of claim.

Your attorney will talk to you more about the cap on the malpractice claim and give you a good idea of how to cover your financial losses if this cap is too low. You have options, but talking to your attorney is the first step.