Louisiana Medical Malpractice Law

Medical malpractice can be a horrible thing to live through without any support. Fortunately, most states offer a chance to legally fight for compensation for pain and suffering. Each district provides its own jurisdiction over the statute of limitations or damage caps, but all offer some form of protection for a patient unfairly treated during a medical procedure. In the case of Louisiana medical malpractice, protection is almost a requirement.

Under the current state laws, Louisiana medical malpractice can lead to some immediate compensation towards the patient. However, the legalities can be a little difficult to understand at a cursory glance. To begin with, Louisiana has an established Patient’s Compensation Fund that covers health care providers in the situation of malpractice. Through the PCF, a patient can receive payouts equal to $100,000 plus interest based on the incident. Additional compensation can reach up to $500,000 plus the cost of any future medical expenses as they occur. These benefits, however, only come from clear evidence of malpractice prior to any additional case.  

To prove a case in Louisiana medical malpractice, most lawsuits fall under three of the same attributes. To be considered malpractice, there must first be an established doctor-patient relationship to prove the doctor’s medical duty to the client. Second, there must be proof that a doctor’s negligible actions led to a patient’s suffering. Under this ruling, a lawyer must prove both that a doctor’s actions directly led to harm and that the doctor’s procedure could have been done without resulting in the same damage. Finally, a victim of medical malpractice must also prove lasting harm and consequences from a doctor’s negligence. If no injuries or lasting effects can be connected towards the doctor’s actions, a patient cannot file a proper claim. While cases vary regarding the exact damage or form of negligence, these details remain constant throughout a proper malpractice lawsuit.

Before a malpractice case can go to trial, however, the case must go to a panel decided by the Patient’s Compensation Fund. For state health care providers, a panel of three doctors and one attorney to review case files. If they find that the incident falls under the qualifications for medical malpractice, then the patient can qualify for financial benefits directly from the fund with a lawsuit. In fact, the panel can be further called on to act as witnesses during the trial.

It should be noted, though, that the caps on damage payments and trials only apply to state health care providers. If a doctor is not connected to the PCF, they cannot receive the benefits of the program when it comes to lawsuits. For cases with private health care providers, there are no caps regarding a patient’s lawsuit. For these trials as much as any, a professional medical malpractice lawyer may be necessary to ensure the right compensation for any lasting suffering.

If you or a loved one is suffering from a doctor’s negligence, contact Tammy Karas-Griggs at (985) 247-0345 to fight for the best compensation. In Louisiana medical malpractice is a serious charge that deserves the full attention of the law.

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