Medical Malpractice

Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:

  • Misdiagnosis of, or failure to diagnose , a disease or medical condition
  • Failure to provide appropriate treatment for a medical condition
  • Unreasonable delay in treating a diagnosed medical condition

Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

Limits on Malpractice Damages
Louisiana limits total recovery of damages in medical malpractice cases to $500,000.00, exclusive of future medical care and related benefits. Liability is limited to $100,000.00 per health care provider, with the patient compensation fund paying awards over $100,000.00 up to $500,000.00. Under the collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources, such as the plaintiff’s own insurance coverage.

Under a traditional rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment. In Louisiana, joint and several liability has been abolished except in cases of conspiracy to commit an intentional or willful act. Otherwise, defendants pay damage in an amount proportionate to their fault.

Statute of Limitations
Medical malpractice actions must be filed within 1 year of the date of the act or omission giving rise to injury, or one year from the date of discovery. No medical malpractice action may be filed more than three years after the date of the act or omission giving rise to the injury. Before a medical malpractice suit may be filed, the plaintiff must submit the case to a medical review panel. The findings of the panel are admissible as evidence at trial.