Medical malpractice law in Louisiana claims that injury or death must be brought forth and filed within one year of said injury or wrongful death. Common reasons for medical malpractice actions are: misdiagnosis, failure to diagnose, a failure to provide competent and appropriate medical care for a condition, an unreasonable delay in treatment for a disease or condition that has been previously diagnosed. For no reason can a medical malpractice action be brought forward after three years. The Louisiana Supreme Court deems three years appropriate due to the fact that some diseases have a latency of up to three years. Any wrongful death action must be brought forth within one year of the person's death. The statute of limitations period for those under the age of 18 (minors) and disabled persons is the same for adults and those without disabilities.
Louisiana Medical Malpractice at a Glance
Louisiana State Tort Law Statute of Limitations One year from injury, or discovery, but no more than three years from act.
Damage Award Limits Recovery limit set at $500,000.
Joint Defendant Liability Defendants liable for percentage of fault determined by the court.
Expert Witness Expert witness must have been licensed and practicing at time of injury.
Attorney Fees No limit on attorney fees.
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Expert Testimony Required in Medical Malpractice Law in Louisiana
Since most medical malpractice actions are brought against licensed and qualified health care providers, under Louisiana Medical Malpractice Act, medical malpractice actions are screened using a panel of one non-voting attorney, and three competent doctors. The duty of this screening is to determine whether or not the evidence proves that the physician or facility failed to act according to an appropriate level of care, or acted in a manner that was negligent, injurious, incompetent, or unlawful. Medical malpractice law in Louisiana, the panel's decision is considered as expert testimony in the action and is completely admissible as evidence in the case for or against the plaintiff. Prosecution or defense may call any member of the panel as an expert witness during court proceedings. An expert witness must be a licensed medical professional that specializes in the same area of practice at issue.
Payment Caps in Medical Malpractice Law in Louisiana
Medical malpractice law in Louisiana does not require a damage cap for those not insured by a state agency. Qualified health care provider's liability is limited to $100,000. The state of Louisiana requires no limit to the amount (in fees) an attorney can charge his/her client for services provided during a medical malpractice action. Because medical malpractice is a highly technical field of law, it is recommended that in cases of medical malpractice, a medical malpractice lawyer should be retained. Louisiana medical malpractice lawyers are trained specifically in Louisiana medical malpractice laws and are invaluable during any medical malpractice action.
If may have legal questions or need legal help regarding a Medical Malpractice case, consult with a Medical Malpractice Attorney in Virgina for a free case review in exploring your legal options.