subject: Medical Malpractice Louisiana [print this page] Medical malpractice is a common practice which has been followed by a lot of medical people in the modern world. Sometimes it is caused by not taking proper action by medical practitioners or after taking any action resulting in the malpractice. A medical malpractice can be understood as the negligent or improper action by a medical practitioner while treating a patient that results in the injury to the patient. A medical malpractice louisiana is an offence which is dealt by a certain set of rules that allow the patient to file a suit in case of any such malpractice.
Under the Louisiana Law, a lot of rules have been formed in order to curb the medical malpractice. They are summarised as:
Limits on malpractice damages
Total recovery of damages in medical malpractice cases has been limited by Louisiana to $500,000.00 with additional benefits.
Rules for Expert Witnesses
A medical expert witness should be a licensed physician who should have the knowledge of the standards. An expert testimony is used by finding a panel.
Joint and Several Liability
In cases of conspiracy to commit an intentional act of malpractice defendants have to pay an amount depending on their fault.
Statute of Limitations
In the case of any medical malpractice action, the patient should file the complaint within 1 year of the date of the act or the date of discovery.
Attorney Fees
Louisiana does not impose special limits on attorney fees in medical malpractice cases.
Additional Rules
The patient must complain n submit the case to a medical review panel before filing the suit for medical malpractice. The outcome of the panel is used as evidence at the time of the trial.
Malpractice lawyers and firms
Medical malpractice law is a very specialized field of law and the malpractice lawsuits tend to be very expensive. That is the reason one needs to find a medical malpractice lawyers louisiana so that after spending lots of money pursuing the case and in order to defend the case and lowering the possibility of losing the case or even getting it dismissed. So a patient needs to approach such firms in such a case so that he does have a safe hand on the case.
Typically these law firms have lawyers which are have specialised in some form of malpractice or other such as birth-trauma case, misdiagnosis etc.
Immunities
Louisiana is not immune from damages occurring due to medical malpractice. Their liability is, however, limited to the dollar amounts provided under the Medical Malpractice Act.
Arbitration
Arbitration is an another option wherein the medical patients can enter into binding medical arbitration agreements. It is not mandatory but is allowed.
Contributory or Comparative Negligence
Louisiana has adopted the doctrine of pure comparative negligence. In all cases except those of intentional malpractice, a patients recovery is reduced by ones percentage of fault. In order to determine ones percentage of fault, the fault of all other persons who contributed to the injury is considered, whether or not they are involved.
