Instances of medical malpractice are not only a violation of a patient’s trust – they can completely alter their life. But when a healthcare professional commits medical malpractice during someone’s care, it’s not always clear what to do next or who to turn to.
Capitelli & Wicker has been serving victims of medical malpractice in Louisiana for over 30 years. Keep reading to learn more from our experienced team of medical malpractice attorneys about the Louisiana Medical Malpractice Act and what it means for your case.
What is medical malpractice in Louisiana?
In order to build your medical malpractice case in Louisiana, it’s essential to understand the limitations from the state that might affect your case.
The first place to start is the legal definition of medical malpractice in New Orleans and Louisiana.
In RS 40:1231.1, medical malpractice is defined as follows:
Any unintentional tort or any breach of contract based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient…
Requirements to prove medical malpractice in Louisiana
The definition itself provides a lot of information to unpack and understand. Our New Orleans, Louisiana medical malpractice attorneys at Capitelli & Wicker have the knowledge and experience to understand how to prove medical malpractice based on this definition.
Several conditions must be proven in order to win a medical malpractice case:
- Provider-patient relationship: You and your legal team must prove that the person who sustained injuries due to medical malpractice was indeed in the care of the provider who committed medical malpractice.
- Negligence: It is necessary to prove that the provider was negligent in their delivery of patient care.
- Standard of care: You must prove that the medical professional did not uphold a “standard of care” expected of and practiced by other healthcare providers.
- Causation: Your legal team must prove the direct causation between the provider’s negligence and the patient’s injuries.
What are the limitations of the Medical Malpractice Act in Louisiana?
There are other important details that can influence your medical malpractice case. For example, the Medical Malpractice Act provides further context that can influence your lawsuit.
The Louisiana Medical Malpractice Act is a 1975 act designed to protect healthcare providers. In fact, it is one of the most provider-friendly medical malpractice laws in the United States.
The law protects healthcare providers in many ways, but it’s important for any injured person to understand what could potentially influence their Louisiana medical malpractice lawsuit.
Is there a cap on medical malpractice damages in Louisiana?
The 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.
What does a medical panel do in a Louisiana medical malpractice lawsuit?
In addition, before a medical malpractice case can go to court, it must go through a Medical Review Panel, a group of healthcare professionals who evaluate and validate the claim.
The medical review process can impact the timeline of your medical malpractice case.
What is the statute of limitations for a medical malpractice lawsuit in Louisiana?
Finally, it is important to know the statute of limitations for a Louisiana medical malpractice lawsuit.
All medical malpractice cases must be brought within:
- One year of the date of malpractice, or
- Within a year of the patient or their family’s “discovery” of the malpractice, and in no event more than three years after the date of malpractice.
Contact Capitelli & Wicker Louisiana medical malpractice attorneys today
It takes a tremendous amount of experience and knowledge to go against government or corporate entities at fault in these cases, and at Capitelli & Wicker, we’ve fought for 30 years to make sure our clients are fairly compensated for their injuries.
Schedule a consultation with our New Orleans-based team of medical malpractice attorneys today.
