Louisiana recognizes the right of patients to seek compensation when they suffer harm due to medical negligence. However, the state also imposes limits on the compensation that can be awarded in these cases. In this blog, our New Orleans-based medical malpractice attorneys delve into the specifics of the cap, exploring its implications, how it functions within the legal framework, and what it means for individuals seeking recourse for medical negligence.
Medical Malpractice in Louisiana
Medical malpractice occurs when healthcare professionals breach the standard of care expected in their field, leading to injury or harm to the patient.
In Louisiana, patients have a one-year period of prescription, known as the statute of limitations, to file a medical malpractice lawsuit from the date of discovering the injury.
Caps on Damages in Medical Malpractice Cases
A critical aspect of medical malpractice cases in Louisiana is the imposition of caps on damages. Damages refer to the financial compensation awarded to the victim or their family for the losses incurred.
Louisiana has set limits on the amount of money that can be awarded for certain types of damages in medical malpractice cases. These limits are designed to strike a balance between compensating victims and preventing excessive financial burdens on healthcare providers.
The caps on damages in Louisiana are categorized into two types: economic and non-economic.
- Economic damages cover quantifiable losses such as medical expenses and lost wages.
- Non-economic damages encompass more subjective losses like pain and suffering, mental anguish, and loss of enjoyment of life.
Louisiana’s Medical Malpractice Act caps monetary damages that can be recovered against a medical professional at $500,000.
However, though the state limits the amount an injured patient can recover from their healthcare provider, they may be able to receive unlimited coverage for past or future medical expenses.
The Role of a Medical Malpractice Attorney
Understanding the legal intricacies of medical malpractice cases, especially in a state with caps on damages, requires the dedication of seasoned professionals. A skilled medical malpractice attorney can be your advocate, navigating the complexities of the legal system and ensuring your rights are protected. They are well-versed in gathering evidence, consulting with medical experts, and building a compelling case on your behalf.
Our medical malpractice attorneys at Capitelli & Wicker possess the knowledge and experience necessary to assess the unique circumstances of these cases. They work tirelessly to maximize the compensation our clients deserve within the confines of Louisiana’s legal framework. Whether negotiating a settlement or representing a client in court, our attorneys are dedicated to achieving the best possible outcome for medical malpractice claims.
