Medical Malpractice Cases And Appeals In The State Of Louisiana
The state of Louisiana has tough medical malpractice laws that favor the medical profession. Nelson & Hammons, Attorneys At Law, was founded in 1977, and our attorneys exclusively represent clients who have been injured by medical malpractice and medical negligence. From our offices in Shreveport and Lafayette, our malpractice lawyers have been helping clients recover damages for their injuries. If you or someone you love was injured because of medical mistakes in the health care industry, our team has the knowledge, experience and resources to analyze, investigate and thoroughly pursue your case.
Louisiana Medical Malpractice Laws
The laws governing medical malpractice lawsuits in the state of Louisiana favor medical professionals. That does not mean that a medical malpractice case cannot be successful. But, the burden of proof does fall on the injured patient. The patient must prove that all the following elements are satisfied:
- The medical professional, hospital, nursing home or care facility owed a professional duty of care to the patient.
- There was a breach of that professional duty.
- An injury was caused by the breach of that professional duty.
- Damages were incurred because of the breach of that professional duty.
Louisiana also has a strict filing deadline for pursuing a claim of medical malpractice. All cases must be filed within one year of the medical professional’s alleged negligent act. Or, alternatively, if the patient did not know right away or had no way of knowing at the time that a mistake happened, then they have one year after they discovered (or reasonably should have discovered) the mistake, with an ultimate time limit of three years.
Louisiana Medical Review Panels
While a medical malpractice claim is difficult to pursue in any state, it is especially difficult in Louisiana because every potential claim is required to be submitted to a medical review panel before a lawsuit can be filed in court. The panel consists of licensed health care professionals and a licensed attorney. The injured patient will present their evidence and case, and the panel will issue an opinion. After the opinion is issued, the patient can then decide if they are going to pursue a claim for medical malpractice in court.
When Doctors, Hospitals And Insurance Companies Lose: Appealing A Medical Malpractice Case
Once a medical malpractice lawsuit is presented, heard and decided by a judge or jury, it can still be appealed if the verdict is not favorable to one of the parties. The cases that are most likely to be appealed by the patient usually involve tragic and severe injuries or death. However, defendants – including doctors, hospitals and health care facilities – that are represented by insurance companies during medical malpractice claims will often appeal a medical malpractice case simply because they have the financial resources to do so, especially if there is a large verdict for the patient. Our lawyers at Nelson & Hammons, Attorneys At Law, have the resources and experience to see your case through every step of a medical malpractice claim, even if it goes all the way to an appeal.
Call Today For A Free Consultation
If you are suffering injuries from a medical mistake and think that you may have a claim for medical malpractice or negligence, or if you are considering an appeal or have been served with an appeal for a medical malpractice judgment that was in your favor, don’t wait. Strict timelines and deadlines apply for claims and appeals. Call us today at 318-716-7329 or send an email through our website to schedule your free appointment.