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When you or someone close to you suffers due to medical malpractice, it’s not just the physical pain that takes a toll; the emotional and financial strain can be overwhelming.
This guide aims to shed light on how long you have to file a claim in Louisiana, helping you take timely action without the added stress of navigating through complex legal timelines on your own.
Armed with this knowledge, you’ll be better positioned to protect your rights and secure the compensation you deserve.
The term “Prescription,” which is known as the “Statute of Limitations” (SOL) in other states, refers to the maximum time after an event within which legal proceedings may be initiated. It plays a role in determining your ability to seek justice and compensation for harm suffered due to medical negligence.
Each state has its own set of rules regarding the statute of limitations for medical malpractice cases.
For example, in certain situations involving minors or cases where the harm was not immediately apparent, states may allow for extensions.
In Louisiana, you have one year to file a medical malpractice claim, starting from the date of the alleged negligence, or one year from the date you knew or should have known of the medical negligence, up to three years. If you discover you may have been the victim of medical negligence after three years your claim will likely be barred by the statute of limitations.
The statute of limitations for filing a medical malpractice claim in Louisiana may be extended under certain circumstances. The two primary exceptions are known as the “fraud” exception and the continuing treatment rule.
The “fraud exception allows a medical malpractice victim to file a complaint after the three-year time limitation when they reasonably did not know they were a victim of medical malpractice because the defendant healthcare provider fraudulently withheld information from the patient that would have allowed them to otherwise understand the medical negligence may have occurred.
An example is when a healthcare provider learns through an x-ray that he left an instrument in the patient, but purposefully chose not to tell the patient. In such a case, the patient had no reason to know of the medical negligence because the healthcare provider chose to withhold such information.
The second exception is known as the “continuing treatment rule.” When a patient remains under the care of the defendant physician and continues to receive treatment for injuries sustained by medical negligence, the one year/three year period may not apply.
This is because the healthcare provider is attempting to treat and repair the injuries caused by negligence and the patient would not want to bring a claim against a physician who is still treating them.
Recent Louisiana Supreme Court jurisprudence requires that the patient not only continue to treat with the physician but that the physician be actively treating the patient for medical conditions caused by the medical negligence.
Generally, the clock starts ticking from the date the medical malpractice occurred. However, a patient may not always know on the date the malpractice occurred that they were a victim of medical negligence.
Thus, Louisiana law allows a patient to file a claim a year from the date they discovered, or reasonably should have discovered, that they were a victim of medical negligence, up to three years.
This is known as the “discovery rule” in Louisiana. The discovery rule acknowledges that some injuries may not be immediately apparent.
For instance, a surgical tool left inside a patient might not cause noticeable symptoms until years later. Or, a patient may not have known until several years later that a radiologist misread imaging that showed the patient had cancer.
Exceptions also exist in cases where there’s been fraud or concealment of malpractice.
If a healthcare provider knowingly hides their mistake, Louisiana may allow you to extend the limitation period once the deceit comes to light.
This serves as a deterrent against unethical behavior in the medical field and ensures victims can pursue claims even if significant time has passed since the original incident.
The standard statute of limitations in Louisiana is one year from the date the malpractice occurred.
If you did not discover the injury immediately, Louisiana law allows you to start the one-year countdown from the date the injury was discovered, or should have reasonably been discovered, up to three years.
If you continued to receive treatment from the same healthcare provider for conditions related to the alleged malpractice, the deadline to file might be extended. This “continuous treatment” can delay the start of the one-year limitation period until the treatment stops.
If there’s evidence that the healthcare provider concealed the malpractice or engaged in fraudulent behavior to prevent discovery, the time limitations may be paused (tolled) until the malpractice is discovered.
Consult with a medical malpractice lawyer about the complexities of medical malpractice laws and the severe consequences of missing a filing deadline.
The Ikerd Law Firm can provide personalized advice based on the specifics of your case and ensure that all deadlines are met.
Gather all relevant medical records, correspondence, and any other documentation that supports your claim. This documentation will be vital for your lawyer to review and prepare your case effectively.
Once the statute of limitations expires, you typically cannot recover damages for medical costs, lost wages, pain and suffering, or other losses related to the malpractice.
If a claim is filed after the statute of limitations has expired, courts will almost certainly dismiss the case. This procedural dismissal means that the merits of your case—whether there was actual malpractice—will not even be considered.
With the legal avenue closed, your remaining options for recourse are severely limited. This limitation can mean dealing with ongoing medical expenses and other impacts without any financial assistance from those at fault.
Missing the deadline may also affect your future medical care, as you may struggle to afford necessary treatments without the compensation that a successful malpractice claim could have provided.
Knowing that there was potential for compensation and closure but missing out due to a procedural deadline can be psychologically distressing.
Look for attorneys with strong testimonials, relevant case experience, and a track record of success, specifically in handling medical malpractice cases.
Contact the law office as soon as possible to schedule your initial consultation. Time is critical in legal cases, especially given the strict deadlines associated with the statute of limitations.
Medical Records: Medical malpractice claims heavily rely on the details within these documents. It may take time to acquire all your medical records given the comprehensive review necessary to build your case.
Correspondence: Any communications between you and your healthcare provider or insurance company: this includes emails, letters, and notices.
Bills and Receipts: Medical bills, receipts, and insurance statements to illustrate the financial impact of the malpractice.
Note: Get your complete medical records early and consult with a lawyer as soon as possible.
Since medical malpractice cases hinge on the information contained in the records, lawyers need time to thoroughly review these documents. Starting early maximizes your chances of filing within legal deadlines.
Before your meeting, collect all documents that can provide evidence for your case. This includes medical records, prescriptions, correspondence with healthcare providers, and any other documentation related to your treatment and the alleged malpractice.
Have a list of questions ready for your lawyer regarding the legal process, expected timelines, and the specifics of your case. Understanding the legal steps will help you manage your expectations and contribute to the case preparation.
Understand how your lawyer charges for services. Some work on a contingency basis (only paid if you win the case), while others may require an upfront fee. Clarifying this upfront can prevent any misunderstandings later.
Once you have provided all the necessary information, follow your lawyer’s advice closely. They may need further documentation or actions from you to strengthen your case.
Don’t navigate the complex world of medical malpractice alone. Let the Ikerd Law Firm guide you through every step of your claim. Book a free consultation.
We’ll review your case, explain your rights, and outline the best path forward. Trust us to advocate for you—because you deserve the best support.
