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Can I file a medical malpractice lawsuit in Louisiana?

What rises to the level of medical malpractice varies by state. This crime is a type of negligence that generally involves a health care provider offering services that are below the standard of care. If that medical practitioner’s actions result in their patient being either injured or dead, then the patient or their loved ones may be able to sue for damages.

Some types of negligence are more common than others. If a patient is administered either the wrong dosage of or the incorrect medication by a member of their medical team, then they may be able to sue for damages. The same logic applies if a patient is misdiagnosed or develops a staph infection.

If doctors leave something inside a patient’s body after surgery, they operate on the wrong body part or cause a birth injury, patient disfigurement or death, then they can also be sued.

A patient can sue anyone who has obtained a license from the Louisiana State Board of Medical Examiners. This means that nursing home workers, acupuncturists, mental health counselors, physical therapists, doctors, athletic trainers and lab personnel can all be sued for negligence.

Louisiana law requires plaintiffs to submit their lawsuits within three years of suffering any type of injury. You will lose your opportunity to file a suit if you don’t file your claim within that time. Parents may be given extended time, which is generally up until their child turns 18 to file a claim. The state of Louisiana caps damages at $500,000 per incidence. Lost wages should be added to this amount.

Proving that your doctor breached their standard of care isn’t easy. This is especially the case when there are at complex medical matters at play. An attorney can review the details leading up to your injuries and let you know if your valid claim is worth filing in court here in Baton Rouge.

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