Whether a missed diagnosis or a surgical error, those who suffer from an injury or untreated illness as a result of poor medical care can often hold their healthcare provider financially accountable for the mistake. This is especially important because, to add insult to injury, hospital systems often expect patients to pay for their care – even when that care resulted in injury. Thankfully our legal system as a way for patients to make sure the responsible parties pay these bills: a medical malpractice claim.
It is important for injured patients to take steps to protect their interests when considering filing a medical malpractice claim. If successful, the claim can lead to funds to help cover not just the cost of the treatment that led to the injury but also additional compensation for future medical needs, lost wages, and other related expenses. Before moving forward with this type of claim it is helpful to learn how the process works in your state. Three specific things to be aware of in Louisiana include a cap on awards, time limit to file the claim, and the evidence needed to build your case.
#1: Is there a cap on awards?
Louisiana generally allows patients to receive up to $500,000 in financial compensation if the treating physician makes an error that results in injury to the patient. There are situations when a patient may qualify for additional funds, such as if the treating physician was not qualified to provide the care in question.
Even with this limit, Louisiana ranks high in the nation for providing victims with a large amount of medical malpractice payouts. According to a recent report that reviewed data from the National Practitioner Data Bank, victims of medical malpractice in Louisiana received an average medical malpractice payout of over $250,000 and ranks 11th in the country.
#2: Is there a time limit to file my claim?
Victims of medical malpractice in Louisiana generally have a year to file their claim. The courts refer to this time limit as the statute of limitations. There are some factors that can result in an extension, such as if the patient was unaware of the physician’s error immediately following the procedure. In these cases, the courts will generally allow the patient to file the lawsuit within one year of the discovery of the issue.
#3: What type of evidence do I need to build my case?
It is important to have organized medical records to help establish the care provided and any additional treatment. In most cases, you will also need expert testimony to help establish that the physician’s treatment caused the injury.
The process for building these claims is complex. It is helpful to seek legal counsel with experience in this area of law to protect your rights and legal remedies while you focus on healing.
