At MGM Injury Attorneys, we understand the pain and frustration that follow when trusted medical professionals fail to meet the standard of care. If you or a loved one has been harmed by medical negligence in Louisiana, it's essential to understand who has the legal right to file a medical malpractice claim—and how to do it the right way. Here’s what you need to know about filing a malpractice suit in Louisiana.
Understanding Medical Malpractice In Louisiana
Medical malpractice occurs when a healthcare provider—such as a doctor, nurse, or hospital—fails to provide proper treatment, leading to harm or death. Examples include:
- Misdiagnosis or failure to diagnose
- Surgical errors or anesthesia complications
- Birth injuries
- Medication mistakes
- Failure to explain risks or obtain informed consent
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Who Can File a Malpractice Claim in Louisiana?
You must file under one of these categories to file suit in Louisiana:
1. Injured Patients
If you’re the one who received negligent treatment and suffered harm as a result, you have the most direct standing to file a claim. Whether the damage was short-term or permanent, you can pursue compensation for:
- Medical bills
- Lost income
- Future care needs
- Pain and emotional distress
2. Parents or Legal Guardians of Minors
When the injured person is a minor (under 18), Louisiana law allows a parent or court-appointed guardian to file on the child’s behalf. In these cases, damages may be claimed for both:
- The child’s physical and emotional injury
- Financial losses or burdens placed on the family
It's important to note that minors may also have extended time to file after reaching adulthood, depending on the circumstances.
3. Legal Representatives for Incapacitated Adults
If a patient is unable to make legal decisions due to physical or mental incapacity—such as being in a coma or living with dementia—a legally recognized representative may file the claim. This could include:
- A court-appointed legal guardian
- A medical power of attorney holder
- A family member with durable power of attorney
Our team can guide you through obtaining the necessary legal authority to file on a loved one’s behalf.
4. Surviving Family Members in Wrongful Death Cases
If malpractice leads to death, Louisiana law allows certain surviving family members to file a wrongful death lawsuit. The legal order of priority is:
- Surviving spouse and children
- If none, surviving parents
- If none, surviving siblings
- If none, surviving grandparents
Other relatives or unrelated parties—such as fiancés or longtime partners—typically do not have standing unless legally adopted or appointed.
In a wrongful death suit, the plaintiff may seek damages for:
- Funeral and burial costs
- Loss of companionship or support
- Emotional suffering
- Lost household income
Why Legal Standing Matters in Medical Malpractice Claims
Not everyone affected by a medical mistake has the legal right to sue. Louisiana law is clear about who qualifies, and only those with legal standing—meaning a recognized right to bring the claim—can proceed with a medical malpractice case. Filing without proper standing can result in case dismissal and lost opportunities for compensation, even if malpractice clearly occurred.
Get Legal Help for a Medical Malpractice Claim in Louisiana
Medical malpractice cases in Louisiana are legally and emotionally complex. Your ability to file a claim depends on your relationship to the patient, the nature of the injury, and how much time has passed since the alleged negligence occurred. Knowing who can file—and when—is essential to protecting your rights and securing the compensation you deserve.
Because Louisiana has some of the strictest deadlines in the country, time is not on your side. Acting quickly can mean the difference between a dismissed claim and a successful recovery.
At MGM Injury Attorneys, we bring years of experience handling complex medical malpractice cases across Baton Rouge and throughout Louisiana. We understand the nuances of state law, the challenges families face, and how to build strong cases that stand up to hospitals and insurers.
If you or someone you love has been harmed by medical negligence, don’t wait. Contact us today for a free case review. We’re here to help you understand your legal options—and fight for the justice you and your family deserve.
