LOUISIANA MEDICAL MALPRACTICE
A health care provider in Louisiana may negligently treat a patient causing them harm. Negligence occurs when the Louisiana health care provider's care of a patient falls below the appropriate medical standard of care for similarly experienced Louisiana health care professionals in that situation. Medical Malpractice, or, med mal or medical negligence is when a medical provider's treatment of an individual causes injury, and that treatment was negligent. The following kinds of treatment or lack thereof may result in a medical malpractice claim in Louisiana:
Injuries that may have occurred because of the improper actions of a medical provider in Louisiana could result in malpractice actions, and you should get in touch with a Louisiana medical malpractice lawyer immediately.
Who Can Commit Malpractice In Louisiana?
There are varieties of health care providers, and in Louisiana, any person or entity that qualifies as a health care provider can be found to have committed medical malpractice. Health care providers are those individuals or entities that are licensed to provide medical services. These may include doctors, nurses, assisted living facilities, hospitals, dentists, physical therapists, optometrists, and psychologists, among others. Questions or concerns about whom or what is considered a medical provider should be directed at an experienced Louisiana medical malpractice attorney.
Louisiana Medical Malpractice Statutes of Limitation
When you think you have been injured because of the improper actions of a Louisiana medical practitioner, you must file a claim for medical malpractice within a specific time frame. Louisiana requires that you file medical malpractice claims within one year of the act or omission that caused your injury, or from discovery of the act or omission. However, you cannot in any event file the claim more than three years after the act or omission that supposedly caused the injury.
There is no special statute of limitations for those under age 18 or for disabled adults. Individuals with statute of limitation concerns should speak with a Louisiana med mal attorney.
Damages Limitations On Louisiana Medical Malpractice Claims
Louisiana caps total compensation recovery at $500,000. However, medical providers are only liable for up to $100,000. If the damage award is over $100,000, the remainder of the award will be paid from the Louisiana Patient's Compensation Fund.
Please note that although compensatory damages are recoverable in Louisiana, punitive damages are not recoverable in Louisiana. Be sure to contact a Louisiana med mal attorney to discuss your med mal damage award or the potential for recovery.
How To File A Louisiana Medical Malpractice Claim
Medical malpractice cases can be costly, intricate, and drawn out. As such, it is bly recommended that you hire a Louisiana medical malpractice attorney to assist you with your claim. Often, med mal cases involve depositions, expert witnesses, court appearances and negotiations and dealings with the medical provider's insurance company and the lawyers for the insurance company. All of this can be quite overwhelming, especially when there are several people against whom the med mal claim must be filed (i.e., nurses, manufacturers of medical equipment that causes the injury). A Louisiana medical malpractice lawyer can help make the process of filing and arguing your claim smoother and free of mistakes.
Louisiana Revised Statutes
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