Tort reform hit Louisiana malpractice victims many years ago when the Louisiana Legislature passed the Louisiana Medical Malpractice Act. Louisiana's Act is one of the most healthcare provider friendly and protective malpractice limitation laws in the United States. In Louisiana, a health care provider qualified under the Louisiana Medical Malpractice Act is not liable for an amount in excess of $100,000, plus interest thereon and certain costs, for all malpractice claims because of injuries to or death of any one patient. The total amount recoverable for all malpractice claims for injuries to or death of a patient, exclusive of future medical care and related benefits shall not exceed $500,000, plus interest and costs. The $500,000 cap on damages, includes lost wages and earning capacity regardless of the amount really lost.

Dué, Price, Guidry, Piedrahita & Andrews accepts a small number of serious medical malpractice cases each year, and generally limits the types of cases selected to those involving catastrophic and permanent and debilitating injuries, loss of limb, paralysis and death. We handle med mal cases against nursing homes, hospitals, doctors, nurses, dentists, pharmacists, and other health care providers. We handle all types of malpractice cases, including those involving lack of informed consent, surgical errors, failure to diagnose, failure to monitor, prescription errors, neglect and abuse.

What is Medical Malpractice?

Malpractice is generally understood to be any health care related act or omission by a health care provider that falls below the appropriate standard of care and which harms a patient.

What is the Standard of Care?

Health care providers are generally expected to use reasonable care and diligence and to exercise their best judgment in applying the degree of skill ordinarily employed by other members of their medical profession. General practitioners and dentists are held to the standards prevailing in the same or a similar community or locale (local standard), and specialists are held to a common standard applicable to other members within their medical specialty (national standard).

Which Health Care is Covered by the Medical Malpractice Act?

The type of health care covered by the Louisiana Medical Malpractice Act includes any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement, or during or relating to or in connection with the procurement of human blood or blood components.

How Much is the Limitation or Cap on Damages?

A health care provider qualified under the Louisiana Medical Malpractice Act is not liable for an amount in excess of $100,000, plus legal interest thereon and certain costs, for all malpractice claims because of injuries to or death of any one patient. The total amount recoverable for all malpractice claims for injuries to or death of a patient, exclusive of future medical care and related benefits, shall not exceed $500,000, plus legal interest and cost, regardless of the severity of the injury or the degree of the health care provider's fault. The $500,000 cap or limitation on damages applies to general damages such as pain and suffering and to lost earnings or wages.

What is a Medical Review Panel?

All malpractice claims against health care providers covered by the Louisiana Medical Malpractice Act, other than claims validly agreed for submission to a lawfully binding arbitration procedure, shall be reviewed by a medical review panel. The medical review panel shall consist of three health care providers who hold unlimited licenses to practice their profession in Louisiana and one attorney. Only a physician who holds an unrestricted license to practice medicine by the Louisiana State Board of Medical Examiners and who is engaged in the active practice of medicine in Louisiana, whether in the teaching profession or otherwise, shall be available for selection as a member of a medical review panel. A physician licensed outside of Louisiana only is not allowed to serve on a medical review panel. The claimant chooses one panel member, the defendant healthcare providers choose one panel member, and those two panel members choose the third panel member. The attorney chairman must be agreed upon by all parties.

What Does the Medical Review Panel do?

The Louisiana health care providers on the medical review panel shall express their expert opinion as to whether or not the evidence supports the conclusion that their fellow Louisiana health care provider(s) breached the standard of care, or whether there is an issue of fact that must first be considered by the court. If the evidence supports the conclusion that the health care provider(s) breached the standard of care, the medical review panel must determine whether the breach caused any damages.

Is the Medical Review Panel Opinion Binding on the Parties?

No. But, the findings of the Louisiana medical review panel, while not conclusive, are admissible as evidence in any lawsuit filed by the victim.

What Happens if I Consented to the Medical Procedure?

Consent to a medical procedure does not mean that you consented to becoming a victim of medical malpractice.

Examples of the Types of Medical Malpractice Cases We Handle:

• Brain Damage
• Spinal Cord Injury
• Injury to the Central Nervous System
• Loss of Limb or Organ
• Wrongful Death
• Birth Injury, including cerebral palsy, Erb's palsy, fetal hypoxia / anoxia, neonatal mistakes and shoulder dystocia
• Emergency Room Errors and Unacceptable Mistakes
• Failure to Timely Diagnose Cancer, including brain cancer, breast cancer, colon cancer, hepatic cancer, pancreatic cancer and prostate cancer
• Failure to Diagnose and Treat Serious or Fatal Conditions or Diseases, such as complete bowel obstruction, cardiopulmonary arrest, congestive heart failure, myocardial infarction, meningitis, renal failure and sepsis
• Hospital Errors and Unacceptable Mistakes
• Lack of Informed Consent
• Nursing Errors and Unacceptable Mistakes
• Nursing Home Abuse and Neglect, including severe decubitus ulcers
• Pharmaceutical, Prescription and Drug Errors and over-prescribing
• Surgical Errors and Unacceptable Mistakes

If you or a loved one was the victim of medical malpractice, contact the experienced Baton Rouge, Louisiana medical malpractice lawyers at Due', Price, Guidry, Piedrahita & Andrews to schedule a FREE CONSULTATION.