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Medical malpractice causes some of the most catastrophic and debilitating injuries. Paralysis, brain injury, birth injury, and death are among a handful of permanent injuries caused by medical negligence. Often, you have a feeling that something went wrong but do not know what precisely occurred.
In Louisiana, the legal process for pursuing a medical malpractice case can be complex and overwhelming, making it essential to hire an experienced medical malpractice attorney.
Louisiana medical malpractice is governed by the Louisiana Medical Malpractice Act, and not all personal injury lawyers understand how to properly and strategically litigate cases against healthcare providers. At the Ikerd Law Firm, we can help you find answers as to what went wrong in your care and treatment and whether such bad results are due to medical malpractice.
If you or a loved one has been the victim of medical malpractice in Lafayette or anywhere in Louisiana, it is important to take legal action as soon as possible.
The Ikerd Law Firm can provide you with the guidance, support, and legal services you need to navigate the legal process and recover the compensation you deserve.
Medical malpractice is a serious issue that affects hundreds (if not thousands) of individuals across the state of Louisiana every year.
Medical malpractice occurs when a healthcare provider fails to provide proper care to a patient, resulting in injury or harm. This can include mistakes made during a medical procedure, misdiagnosis or failure to diagnose a medical condition, and prescribing the wrong medication.
Understanding what constitutes medical malpractice and what rights patients have is crucial in seeking justice and compensation for damages.
Medical malpractice can occur in a variety of ways, including:
The consequences of medical malpractice can be devastating and can include:
Medical negligence takes many forms, but most Louisiana malpractice claims fall into a handful of recurring categories:
Whatever the category, the legal question is the same: Did the provider fall below the standard of care that a reasonably competent provider would have met under the same circumstances?
If you recognize your situation in any of these categories—or you simply know something went wrong and cannot get straight answers—that is exactly the situation our medical malpractice attorneys are here to investigate.
Medical malpractice is defined as a failure by a healthcare professional to meet the standard of care that a reasonably prudent healthcare professional would have provided under similar circumstances.
This includes acts of omission or commission, either intentional or unintentional, that result in harm or injury to a patient.
But what is needed to prove your case?
In order to bring a successful medical malpractice lawsuit, the following must be established:
Time is not on your side – don’t wait!
In Louisiana, the “statute of limitations” is called “prescription.” They mean the same thing, which is the time limitation you have to file a claim.
In Louisiana, for medical malpractice cases, the prescription is 1 year from the date of the malpractice.
There is an exception called the “discovery doctrine” that allows for more than one year.
Under the discovery doctrine, you may have up to one year from the date you knew or should have known of the malpractice to file a claim.
However, this is limited, and you will NOT be given more than 3 years from the date of malpractice to file suit (even if discovered late).
When you suspect you or your loved one may have been the victim of medical malpractice, it is important to obtain a complete set of medical records from the facility or health care provider involved in the subject care and treatment.
Unlike most personal injury cases, a medical malpractice claim in Louisiana usually cannot go directly to court.
Claims against qualified healthcare providers must first be submitted to a Medical Review Panel under the Louisiana Medical Malpractice Act. The panel consists of three physicians, along with an attorney chairman who manages the process but does not vote on the panel’s opinion.
Both sides submit evidence for the panel to review, including medical records, expert reports, and written arguments. The panel then determines whether the healthcare provider failed to meet the applicable standard of care and whether that failure caused the patient’s injury. The panel’s opinion does not end the case, but it can be introduced as evidence if the claim proceeds to court, making the quality and completeness of the evidence presented at this stage critical.
There is an important protection built into the process: filing a Medical Review Panel request suspends prescription, meaning the one-year filing period is paused while the panel process is pending.
However, the panel stage is also where unrepresented patients can put a potentially valid claim at risk. Panel members can only evaluate the evidence presented to them. If critical medical records, qualified expert opinions, or a clear explanation of how the provider’s conduct caused the injury are missing, the panel may not have the evidence needed to fully understand the claim.
Our attorneys prepare Medical Review Panel submissions with the same level of preparation we bring to litigation—reviewing the complete medical record, consulting qualified medical experts, and presenting a clear, evidence-based account of what went wrong and how it caused the injury.
If you believe that you have been a victim of medical malpractice, it is important to take action to protect your rights.
To file a medical malpractice claim across Louisiana, it is important to work with an experienced medical malpractice attorney who can help you navigate the legal process and fight for the compensation you deserve.
Generally, a medical malpractice attorney will review the medical records and speak with a consulting medical expert to determine whether you may have been a victim of medical malpractice.
If you believe you have been the victim of medical malpractice, it is important to seek legal counsel as soon as possible.
A medical malpractice attorney will be able to review the specifics of your case, gather evidence, and help you navigate the legal process.
By taking legal action, you may be able to recover compensation for damages and hold healthcare professionals accountable for their actions.
In Louisiana, claims against healthcare providers for medical malpractice are normally subject to a damages cap of $500,000.00 plus past and future medical expenses.
You can claim compensation for the following types of damages in a medical malpractice case:
Additionally, compensation for medical malpractice in Louisiana may also cover the cost of additional medical treatments or rehabilitation, modifications to your home or vehicle, and other expenses related to your injury.
In some cases, compensation may also be available for the loss of companionship and support for the spouse and children of the injured person.
Please bear in mind that each case is unique, and the types and amount of compensation you can claim will depend on the specific circumstances of your injury and the impact it has had on your life.
A qualified medical malpractice attorney can help you evaluate your case and determine the compensation you may be entitled to.
Medical malpractice is a serious issue that can have a profound impact on individuals and their families. Hiring experienced Louisiana medical malpractice lawyers is essential in pursuing a successful medical malpractice case and obtaining fair compensation for damages.
By carefully selecting lawyers who possess the necessary qualities, individuals can feel confident in their ability to navigate the legal process and achieve the best possible outcome.
At the Ikerd Law Firm, we do not bring frivolous claims. The practice of medicine is hard and we cannot expect perfect results every time. Doctors are human. As humans, doctors make mistakes. Sometimes those mistakes can cost their patients either life or limb. When those mistakes were preventable but for the malpractice of the doctor or medical professional, like all humans, they should be held accountable.
If you believe you have been the victim of medical malpractice, it is important to seek the advice of a medical malpractice attorney from the Ikerd Law Firm today.
In Louisiana, the filing deadline is called prescription, and for medical malpractice it is one year from the date the malpractice occurred. A limited discovery exception can extend this to one year from the date you knew or should have known about the malpractice, but there is an outer limit of three years from the act itself. Because the deadline is short, contact an attorney as soon as possible.
Yes. Louisiana law generally caps damages against qualified healthcare providers at $500,000, plus past and future medical expenses, which are not capped. Future medical care for a catastrophic injury can far exceed the cap itself, so an accurate valuation of lifetime medical needs is one of the most important parts of the case.
You must prove the standard of care that applied to the provider, that the provider breached that standard, and that the breach caused your injury and damages. This almost always requires testimony from qualified medical experts along with your complete medical records. An attorney gathers the records, retains the experts, and builds the causation link the law requires.
In most Louisiana cases, a claim against a qualified healthcare provider must first be presented to a Medical Review Panel, a group of three physicians who review the evidence and issue an opinion before a lawsuit can be filed in court. Filing the panel request also suspends the prescription deadline while the panel is pending. An attorney handles the request and presents your evidence to the panel.
You can recover economic damages such as medical bills, lost wages, and future care costs, and non-economic damages such as physical pain, mental anguish, and loss of enjoyment of life. Where the malpractice caused a death, surviving family members may bring wrongful death and survival claims. The mix of damages depends on the injury and how it affects your life going forward.
Usually, yes. A consent form covers the known risks of a properly performed procedure; it does not excuse negligence. If the provider fell below the standard of care, a signed form is not a waiver of your right to bring a claim. An attorney can review what you signed and what actually happened to determine whether the injury resulted from a disclosed risk or from malpractice.
