When a medical professional makes a mistake that leads to a bad result, patients may be able to file a lawsuit. However, malpractice cases are complex and require an experienced lawyer. At The Bowling Los Angeles Malpractice Lawyer Online, we represent clients seeking compensation for their losses from medical malpractice. We are well known throughout Louisiana and Mississippi for our expertise in these matters.
What You Need to Know About Louisiana’s Malpractice Laws
As the state of Louisiana gets ready to roll out changes to its medical malpractice laws, it’s a good idea for potential victims to be prepared. These changes could impact damages (especially those related to non-economic losses), the medical review panel process, and more.
In Louisiana, timing is especially critical in a medical malpractice claim. The state has some of the strictest statutes of limitations for malpractice claims in the country. This means you have one year from the date of the alleged negligence to file your case. This is also known as a “statute of repose.”
Additionally, in order to file a claim, you must first submit your case to the medical review panel before filing in court. This is a mandatory step that’s designed to filter out frivolous claims and ensure the evidence supports your claim. In order to get the ball rolling, you’ll need to gather all relevant medical records, bills, notes on your injuries, and any communications with your healthcare providers.
How to Find a Lawyer in Louisiana
When a medical professional commits malpractice, he or she must be held accountable for their actions. That is why it’s important to find a qualified attorney who can review your case and determine whether you have grounds for a lawsuit.
In some cases, medical malpractice lawsuits result in damages awarded to victims. These damages are usually compensatory and aim to make a victim whole again. They can include compensation for pain, suffering, lost wages and other economic costs. Punitive damages are less common, but they can be awarded when the medical provider’s actions were egregious and showed a disregard for the well-being of others.
In many areas of the state, there are Lawyer Referral Services sponsored by local bar associations that can help you locate an attorney with reasonable fees. These non-profit community based services pre-screen attorneys for good standing with the bar and interest in receiving referrals in specific practice areas of law. They may also offer free or reduced fee legal assistance for civil matters like medical malpractice.
Proving Malpractice
Medical malpractice cases are difficult, complex legal matters. They require a thorough understanding of medical procedures, standards of care, and complex medical terminology. A knowledgeable medical malpractice lawyer can help you navigate these issues so that your claim has the best possible chance of success.
Proving negligence in a medical malpractice case involves showing that the healthcare professional did not uphold what is known as the standard of care. This standard is the level of care that would be expected from a healthcare provider with similar experience and training in this situation.
Additionally, it is necessary to prove direct causation – that the healthcare provider’s breach directly caused your injuries. This can be a challenge because it means you need to show not only that their mistake caused your damages, but also that they were the actual cause of your injury. It’s important to have a medical malpractice attorney who can work with experts to help you prove this element of your case.
Tort Reform
In Louisiana, along with many other states, lawmakers are attempting to curb skyrocketing insurance premiums. They have passed some “tort reform” bills and enacted new policies to lower liability insurance rates by limiting frivolous lawsuits that result in large recoveries.
While these changes may have some positive effects, they have also raised concerns for the business community. Some experts warn that these changes are not addressing the root causes of rising insurance rates.
The state’s legislature has enacted several bills during the 2024 regular legislative session that will change the way insurance and tort litigation are conducted. These include Act 275, which repeals the state’s unique direct action statute and prohibits discussion of insurance coverage in front of a jury. Another bill, HB 450, eliminates the Housley presumption in personal injury claims not involving Workers’ Compensation. It also lowers the threshold for a plaintiff to seek a jury trial from $50,000 to $10,000. A third law, HB 549, offers a discount to motorists who install dash cams in their vehicles.