3 Things To Know About Medical Malpractice Claims In Louisiana
More so than other states, Louisiana has complicated laws and procedures for medical malpractice claims. If you or a loved one has been harmed by medical negligence in Louisiana, you should contact an experienced medical malpractice attorney as soon as possible.
The attorneys of Ballay, Braud & Colon, PLC, have been successfully handling medical malpractice cases for more than 30 years. In fact, attorney Adrian A. Colon Jr. is a member of the Medical Malpractice Liability Section of the Louisiana Trial Lawyers Association, and other firms frequently turn to us for assistance in this complex area of Louisiana law.
For a free consultation for Med Mal & Personal Injury Matters to discuss your case, contact our firm today. With offices in Belle Chasse, we advise and represent clients throughout the New Orleans area.
1. Medical Review Panel
In Louisiana, your medical malpractice claim must go before a medical review panel prior to a lawsuit being filed. A panel of three doctors is selected by the competing parties, and the panel reviews the case to determine whether the claim has merit. Once the panel makes its decision, you have 90 days to file a lawsuit against the health care provider.
Note: the panel’s report is regarded as expert testimony, and it can be used as evidence at trial or as testimony in out-of-court proceedings. If you have a medical malpractice claim, it is crucial that you have an experienced lawyer file the necessary documents and represent you throughout the entire process.
2. Statute Of Limitations
Generally, in Louisiana, a medical malpractice claim must be filed within one year of the negligent action or omission that resulted in the injury, or within one year of the discovery of the injury or the malpractice. In any case, you cannot file a claim if more than three years have passed since the injury or the malpractice occurred.
Keep in mind that resolving medical malpractice claims can take some time, often involving a five- to seven-year process in Louisiana. It is therefore important that you contact our firm as soon as possible to begin seeking the compensation you need and deserve.
3. A Cap On Medical Malpractice Damages
Louisiana law limits total monetary damages in medical malpractice cases to $500,000, plus any future medical costs.
Our attorneys understand how important this compensation is to you and your family, and we want to help you make things right.
Contact A Medical Malpractice Lawyer Today
Whether you or your loved one was injured due to hospital negligence, a nursing error, a mistake in anesthesiology or an OB/GYN error, our firm can help you hold the responsible party accountable. For a free consultation for Med Mal & Personal Injury Matters , contact us online or call us locally at 504-266-0368 or toll free at 800-455-5204. We advise and represent clients throughout Plaquemines, Jefferson and Orleans Parishes.