If you are considering filing a medical malpractice claim or suit in Louisiana, you need to know what you’re getting into. Medical malpractice cases are much more complex than other types of cases, and evidence can be difficult to come by. Proving your case is a challenge, but that doesn’t mean the undertaking isn’t worth the effort.
Doctors should be held liable for serious mistakes that cause patients harm. Read on to learn more about the medical malpractice laws that will affect your case in Louisiana.
How Long Do You Have to File a Medical Negligence Claim in Louisiana?
You have a short time frame to file a claim for medical malpractice in the state of Louisiana. You are given only one year in which to submit your case. If you fail to submit within the mandated time frame, you won’t be able to submit your case, no matter how great your damages are.
Proving Your Medical Malpractice Case
All injury cases must be proved in order to receive a settlement from the person who caused the injury. However, medical malpractice cases are more difficult to prove than other case types. How can you tell if your injury was caused by a doctor’s negligence or if it was simply a complex medical situation that the doctor wasn’t able to fix?
You will need to establish several elements to prove your case: substandard medical treatment, harm linked directly to the doctor’s actions (or inaction), and damages.
Medical malpractice claims often require medical expert testimony to prove.
Damage Caps in Louisiana
Louisiana does cap medical malpractice damages. This means there is a total limit to how much money you can receive in a settlement, no matter how serious your injuries were or how greatly you suffered. The cap is $500,000, with the exception that medical expenses you might accrue in future are not included in the cap.
Speak with a Medical Malpractice Attorney in Louisiana
There are many other rules and laws that could affect your medical injury case. It’s best to talk with an attorney before beginning the claim process. Call a Baton Rouge medical malpractice lawyer with Spencer Calahan Injury Lawyers, and tell them about your case in a free evaluation. Dial 225-387-2323 or visit our website to learn more about malpractice cases.