Because medical malpractice is an extremely complex area of the law it is wise to consult with an experienced Louisiana medical malpractice attorney immediately if you believe you are a victim; however, an overview of Louisiana’s medical malpractice laws and procedures may also be helpful to a potential victim.

1. LOUISIANA MEDICAL
MALPRACTICE CLAIMS
An Overview
“When you are ill or injured you undoubtedly turn to a doctor, or
other healthcare provider for help treating your injury or illness.
Sometimes, however, a healthcare provider actually causes an
injury or illness.”
Broussard & Hart, LLC

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When you are ill or injured you undoubtedly turn to a doctor, or other healthcare provider
for help treating your injury or illness. Sometimes, however, a healthcare provider
actually causes an injury or illness. When that happens, the victim may be entitled to
pursue compensation through a medical malpractice lawsuit in the State of Louisiana.
Because medical malpractice is an extremely complex area of the law it is wise to consult
with an experienced Louisiana medical malpractice attorney immediately if you believe
you are a victim; however, an overview of Louisiana’s medical malpractice laws and
procedures may also be helpful to a potential victim.

3. Louisiana Medical Malpractice Claims – An Overview broussard-hart.com 3
WHAT IS A MEDICAL ERROR?
When a doctor of other healthcare provider makes a mistake it is referred to as a “medical
error.” Although a medical error can take almost any form, and occur under a limitless
number of scenarios, the majority of medical errors fall into one of the following
categories:
 Diagnostic errors
 Surgical errors
 Anesthesia errors
 Medication errors

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FREQUENCY OF MEDICAL ERRORS
Doctors, nurses, and others in the healthcare professions are human, just like the rest of
us, which makes them capable of making mistakes. The difference being that when a
healthcare provider commits a medical error it can have deadly consequences. Though
we would all like to believe medical errors rarely happen, the reality is that they are fairly
common. Estimates put the number of deaths attributable to a medical error at almost
500,000 each year in the United States with another two million non-fatal medical errors
occurring each year. In Louisiana, around 1,600 complaints are submitted to the medical
review panel in an average year.
WHAT IS MEDICAL MALPRACTICE?
A medical error does not always translate into medical malpractice. A medical
malpractice claim requires
the plaintiff, or victim, to
prove negligence on the part
of the defendant. Negligence,
in turn, centers on the duty
owed to the plaintiff by the
defendant. When the
defendant is a healthcare
provider, the duty of care is
both heightened and clarified
by the law. Specifically, the
law looks at whether not the defendant breached the “standard of care” owed to the

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plaintiff. Though a universally accepted definition for medical malpractice has yet to be
found, a common one reads as follows:
“professional negligence by act or omission by a health care provider in which the
treatment provided falls below the accepted standard of practice in the medical
community and causes injury or death to the patient, with most cases involving
medical error.”
In other words, would another practitioner who had the same credentials and experience
have done (or not done) the same thing given the same set of circumstances?
WHO CAN BE A DEFENDANT IN A MEDICAL
MALPRACTICE LAWSUIT?
People typically think of a physician when they envision the defendant in a medical
malpractice lawsuit; however, the ability to commit medical malpractice is not limited to
doctors. Anyone in the healthcare professions can potentially be named as a defendant in
a medical malpractice claim, including, but not limited to:
 Doctors, surgeons, specialists
 Psychiatrists, Dentists, Chiropractors
 Nurses, home health aides, hospice care workers
 Hospitals, urgent care centers, nursing homes
 EMTs and paramedics

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PRIVATE VS. PUBLIC DEFENDANTS
In the State of Louisiana there are actually two important acts that govern medical
malpractice claims. The first, “The Louisiana Medical Malpractice Act”, or LMMA, La.
R.S. 40:1299.41 et. seq,, applies when the defendant is a private healthcare provider
while the “Malpractice Liability for State Services Act”, or MLSSA, La. R.S. 40:1299.37
et. seq., governs actions against a public or state healthcare provider.
MEDICAL REVIEW PANEL AND EXPERT
TESTIMONY
One of the biggest, and most important differences between a potential medical
malpractice lawsuit and a potential lawsuit involving any other type of personal injury
claim is that all medical malpractice complaints filed against qualified care providers
must first be submitted to a medical review panel before the victim is allowed to pursue a
lawsuit. A qualified provider must either be insured or provide proof of self-insurance for
the first $100,000 of liability. Additionally, to be qualified, the provider must pay to the
Patient Compensation Fund a certain percentage of gross receipts.
A medical review panel is a three-person board made up of physicians who have
expertise in the area of medicine involved in the complaint. A non-voting attorney chairs
oversees the panel. The purpose of the panel is to determine if the evidence presented by
the plaintiff amounts to a breach of the standard of care owed by the defendant to the
plaintiff. Although the panel’s opinion is not a binding final decision, it is considered to
be expert opinion and is, therefore, admissible at trial should the case proceed to the
lawsuit stage. Therefore, a favorable decision from the MRP is not required to proceed

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with a lawsuit, but does
provide a substantial boost to
the chance for success. In
Louisiana, the medical review
panel has only sided with
patients seven percent of the
time since the year 2000.
Once the panel has rendered a
decision, a patient has 90 days within which to file a lawsuit in State District Court.
DAMAGES
If a medical malpractice claim makes it to the lawsuit stage and is subsequently
successful, the victim may be entitled to damages; however, Louisiana has a statutory cap
on damage awards in medical malpractice lawsuits, , meaning a victim is limited to the
amount of damages that can be recovered regardless of the amount of harm the patient
suffered. For providers who are insured by the state (see Patient Compensation Fund in
the next section), a provider’s liability is limited to $100,000 and total damages,
regardless of the type, are capped at $500,000. The damage cap, however, does not apply
to future medical expenses. Punitive damages are not available in Louisiana for medical
malpractice.

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LOUISIANA PATIENT’S COMPENSATION FUND
Established by the LMMA, the Patient’s Compensation Fund essentially provides
liability insurance coverage for healthcare providers. State healthcare providers are
automatically enrolled in the fund while private healthcare providers may participate if
they file proof that they are covered by a policy of malpractice liability insurance in an
amount of at least $100,000 per claim and pay the surcharge assessed by the Louisiana
Insurance Rating Commission. The fund is funded by surcharges paid annually by
providers and hospitals. The fund will then cover awards or settlements in excess of the
$100,000 personal liability cap. In addition, any future medical expenses are covered by
the fund and are paid out as the expenses are incurred.
STATUTE OF LIMITATIONS
Though the law affords a victim the opportunity to recover damages for medical
malpractice in the State of Louisiana, the law limits the amount of time within which the
victim must assert a claim by imposing a “statute of limitations.” In Louisiana, a medical
malpractice lawsuit must be filed within one year from the date of the alleged act,
omission, or neglect, or within one year from the date of discovery of the alleged act,
omission, or neglect; however, under no circumstances may the statute of limitations
extend beyond three years.
If you believe you are the victim of medical malpractice, consult with an experienced
medical malpractice attorney immediately to ensure that your rights are protected and that
you are fully and fairly compensated for your injuries.

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Medical Malpractice by NOLO, A Guide to Medical Malpractice Law in Louisiana
NOLA, Five Things to Know about Medical Malpractice in Louisiana
Louisiana Division of Administration, How to File a Medical Malpractice Panel Request
Louisiana Division of Administration, FAQs
Louisiana Law Review, The Medical Malpractice Damages Cap: What Is Included?

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About Broussard & Hart, LLC
If you or a member of your family has been
seriously or fatally injured in an accident or as a
result of medical malpractice, you have experienced
and continue to experience trauma and grief. During
this difficult time, as you struggle with medical,
emotional, and financial issues, you will need to
make decisions that will permanently affect your
ability to take care of yourself and your family.
At Broussard & Hart, L.L.C., our Lake Charles law
firm staff and lawyers are focused on helping those
who, like yourself, have suffered losses to
catastrophic injuries or wrongful death, working to
see that they recover the compensation they need
and deserve. Our efforts stem from a genuine
concern for those we serve.
Our firm is prepared to handle a wide variety of
personal injury claims, including those involving
medical malpractice, trucking accidents, 18-wheeler accidents, and maritime law. After our Louisiana
attorneys have reviewed your case they will give you an honest assessment of your options. If you
would like to schedule a free, confidential consultation with our law firm in Lake Charles, please contact
our office.
1301 Common Street
Lake Charles LA 70601
Phone: 337-564-3318
Website: http://broussard-hart.com