BACK
Medical treatment does not always go as planned. Some problems can happen even when a doctor or other healthcare provider does everything properly.
But if a healthcare provider makes a mistake or fails to provide proper care and you are hurt because of it, you may have a medical malpractice claim.
Louisiana has specific rules for these cases. This guide explains what can count as medical malpractice, what you need to prove, how much time you have to file a claim, and what compensation you may be able to seek.
What Is Medical Malpractice Under Louisiana Law?
Medical malpractice can happen when a healthcare provider does not provide the level of care that another qualified provider would have provided in a similar situation, and the patient is harmed as a result.
A bad result does not automatically mean malpractice. Some treatments carry risks, and a patient’s condition can worsen even when proper care is provided.
Medical malpractice may involve:
- A wrong or missed diagnosis
- A delayed diagnosis
- Medication mistakes
- Surgical mistakes
- Birth injuries
- Failure to watch a patient’s condition
- Failure to explain the risks of treatment or get informed consent
The main issue is whether the healthcare provider provided the proper level of care and whether that failure caused the patient’s injury.
What Do You Have to Prove in a Medical Malpractice Case?
To bring a successful medical malpractice claim in Louisiana, you generally need to show four things:
| What you need to show |
What it means |
| Duty of care | The healthcare provider was responsible for your care |
| Poor care | The provider did not provide the level of care expected in that situation |
| Cause of the injury | The poor care caused your injury or made your condition worse |
| Losses | You suffered harm or financial losses because of the injury |
A medical mistake by itself may not be enough. You also need to show that the mistake caused you harm.
How Is the Standard of Care Decided in Louisiana?
The standard of care means the level of care a qualified healthcare provider would normally provide in a similar situation.
Doctors may have more than one reasonable way to treat the same condition. A different treatment or a bad result does not automatically mean the doctor was negligent.
When looking at the care you received, the case may involve:
- Your medical condition
- The treatment available at the time
- Your medical records
- The decisions made by your healthcare provider
- Opinions from other medical professionals
Medical experts are often important in these cases. They can explain what a doctor or other healthcare provider should have done and whether the care you received fell below that level.
Who Can Be Responsible for Medical Malpractice in Louisiana?
Doctors are not the only healthcare providers who can be involved in a malpractice case.
Depending on what happened, a claim may involve:
| Healthcare provider or facility |
Possible problem |
| Doctor | Wrong diagnosis, treatment mistake, or surgical error |
| Nurse | Medication mistake or failure to monitor a patient |
| Hospital | Unsafe practices or problems with patient care |
| Healthcare facility | Problems with staff, policies, or patient care |
The facts of the case will determine who may be legally responsible for the injury. For example, a hospital may be responsible in some cases if problems with its staff or systems contributed to a patient’s injury.
What Is the Deadline for Filing a Medical Malpractice Claim in Louisiana?
Louisiana has strict time limits for medical malpractice claims. These time limits are called prescription periods.
Generally, a claim must be filed within:
- One year from the date the medical malpractice happened
- One year from the date the injury was discovered in certain situations
- No more than three years after the malpractice happened under Louisiana law
The exact deadline can depend on what happened and when you found out about the injury. Missing the deadline can prevent you from bringing a claim. If you believe medical negligence caused your injury, it is important to look into the time limit as soon as possible.
What Is the Medical Review Panel Process in Louisiana?
Before filing a lawsuit against many qualified healthcare providers, a patient generally must first submit the claim to a Louisiana Medical Review Panel.
The process generally includes:
- Filing a medical malpractice complaint
- Gathering medical records and other evidence
- Having medical professionals review the claim.
- Receiving the panel’s opinion
The panel does not decide how much money a patient should receive. It also does not replace a court. You can use its opinion as part of the case if you later file a lawsuit.
What Compensation Is Available in Louisiana Medical Malpractice Cases?
If you prove medical malpractice, you may be able to recover money for losses caused by the injury, including:
- Medical bills and future treatment
- Lost wages and reduced earning ability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Louisiana has special rules that limit certain damages in malpractice cases involving qualified healthcare providers. The amount you can recover depends on your injury, losses, and the rules that apply to your case.
How Do Expert Witnesses Help in Medical Malpractice Cases?
Medical malpractice cases often involve medical questions that are difficult for a judge or jury to understand without help from another medical professional.
An expert may explain:
- What care should have been provided
- Whether the healthcare provider failed to provide that care
- Whether that failure caused the patient’s injury
Your medical records can show what treatment you received, but they may not explain whether that treatment was proper. An expert can help answer that question.
Frequently Asked Questions
Is every medical mistake considered malpractice in Louisiana?
No. A mistake or bad result does not automatically mean malpractice. You generally must show that the healthcare provider failed to provide proper care and that this caused your injury.
How do I prove medical negligence in Louisiana?
Medical records, expert opinions, treatment history, and other evidence can help show what happened and whether the healthcare provider’s actions caused your injury.
Do all Louisiana medical malpractice cases require a Medical Review Panel?
Many claims against qualified healthcare providers must go through a Medical Review Panel before a lawsuit can move forward.
How much can you recover in a Louisiana medical malpractice case?
The amount depends on your injury, financial losses, and the damage limits that apply to the healthcare provider involved.
Can a hospital be responsible for medical malpractice?
A hospital may be responsible in some cases if the actions of its employees or problems with its systems contributed to a patient’s injury.
Conclusion
A bad result from medical treatment does not automatically mean medical malpractice. A patient generally needs to show that the healthcare provider failed to provide proper care and that this failure caused harm.
Louisiana also has strict time limits and specific steps for medical malpractice claims. If you believe a healthcare provider’s actions caused your injury, getting legal advice early can help you understand what to do next.
Allan Berger & Associates, P.L.C. helps Louisiana patients and families with claims involving suspected medical negligence and serious injuries. Contact the firm for a free consultation to discuss your case.
