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How can a person file a medical malpractice claim in Louisiana?

Medical malpractice claims in Louisiana must be filed following a specific procedure. When a request for review of a medical malpractice claim is filed, it needs to be stamped and certified by the state's Division of Administration. The date of filing is generally accepted as the date of receipt of the request or the date of mailing, in the event that it is sent by registered or certified mail.

When the request is filed and received, the Division of Administration sends a copy of the request to the Patient's Compensation Fund. Although there is no specific form available, there are a few things that a medical malpractice complaint must contain.

For instance, the claim should contain a request by the victim for the establishment of a medical review panel. The claim also must contain the name of the patient, the names of the plaintiffs or the claimants, the names of the health care providers who are facing the claim, the dates when the alleged malpractice occurred and a description of the malpractice that each defendant is alleged to have committed. Additionally, the plaintiff must describe the alleged injuries suffered and set forth the compensation sought in the claim.

Within fifteen days of the filing, the PCF sends a notice to the claimant confirming that the filing has officially been received. In the notice, the PCF also will mention whether or not the defendants are covered by the PCF and are qualified for the panel process. The filing fee for a medical malpractice claim is $100 per named health care provider who qualifies for the panel process.

Source:  Louisiana Division of Administration, "How to File a Medical Malpractice Panel Request," accessed Oct. 30, 2014

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