Call for Consultation (337) 366-8994
Call for Consultation (337) 366-8994
Suffering an injury at the hands of a medical professional is one of the most devastating experiences a person can endure.
We trust our doctors, nurses, and healthcare providers with our health and our lives. But when that trust is broken through negligence, the consequences can be life-changing.
In Louisiana, medical malpractice is not just about proving that a mistake occurred. It is about understanding how that mistake harmed you and what compensation you may be entitled to recover.
Whether you are dealing with mounting medical bills, lost time at work, chronic pain, or emotional trauma, the financial impact can feel overwhelming.
In a successful medical malpractice case, the court may award several types of damages intended to compensate plaintiffs for what they have lost.
Understanding these categories is the first step in recognizing the full scope of a claim.
These are the measurable financial losses a plaintiff suffers due to malpractice.
They include:
Economic damages are grounded in documentation such as medical bills, wage records, employment history, and expert assessments.
These are the intangible losses that impact a plaintiff’s quality of life but are not easily calculated.
They include:
Although harder to quantify, non-economic damages reflect the human cost of medical negligence. They matter just as much as financial losses and sometimes more.
In Louisiana, punitive damages are not typically available in medical malpractice cases. Unlike some other personal injury claims where punitive damages punish especially reckless or malicious conduct, Louisiana medical malpractice law limits recovery to compensatory damages (meant to reimburse, not penalize).
Understanding this framework helps shape realistic expectations about what a plaintiff can recover and why legal strategy is so important.
One of the most important things plaintiffs must know is that Louisiana places a cap on certain types of damages in medical malpractice cases.
Under Louisiana Revised Statutes § 40:1231.2, recoverable damages against a qualified health care provider are capped at $500,000, not including past and future medical expenses, which can be recovered beyond the cap. This means that no matter how severe the emotional pain or physical suffering, or the amount of future lost wages or loss of earning capacity a plaintiff may have, the most a plaintiff can recover for those intangible harms is half a million dollars.
The cap includes:
The cap does not include future medical care costs, which are handled separately through the state’s Patients’ Compensation Fund (more on this below)
Thus, if a plaintiff incurred $200,000 in medical expenses related to the negligence, the plaintiff could recover the $500,000 cap plus the $200,000 in past medical expenses.
Imagine suffering catastrophic injuries such as paralysis, brain damage, or the loss of a limb because of medical negligence. The law still limits recovery for pain and emotional suffering.
While this cap is frustrating for many plaintiffs, it points out that it takes experienced legal representation to build a strong case for maximum allowable recovery.
In Louisiana, future medical costs are not subject to the $500,000 cap. These expenses are typically paid through the Patient’s Compensation Fund (PCF), a state-managed resource designed to ensure long-term care for victims of medical malpractice.
The PCF is a special fund established under the Louisiana Medical Malpractice Act. Healthcare providers who qualify for PCF coverage pay into the fund, which then covers all medical costs that extend beyond $100,000 (the amount the healthcare provider or their insurer is responsible for).
Once liability is established either through settlement or trial, the first $100,000 of damages is typically paid by the healthcare provider or their insurer. The PCF is responsible to pay for the remaining $400,000 of the cap plus any past and future medical care.
These costs might include:
Accessing future medical care through the PCF involves:
It’s a complex system, and errors in documentation or procedure can delay care. Having a skilled attorney managing this process ensures plaintiffs get the treatment they’re entitled to without unnecessary red tape.
Every case is unique, and so is every calculation of damages. Courts look at a range of factors when determining how much a plaintiff should receive.
Key factors include:
Medical malpractice damages need expert testimony to support the claim.
This may include:
Their reports and courtroom testimony help prove the extent of harm in both financial and human terms.
Plaintiffs should maintain:
An attorney plays a vital role in collecting this information, working with experts, and presenting damages persuasively to insurers, review panels, or a jury.
The path to compensation is not always smooth, even if the law supports injured plaintiffs.
Defendants often push back against claims to protect their bottom line.
They may:
It is not enough to prove the doctor was mistaken in medical malpractice cases. Plaintiffs must also show that the mistake directly caused the injury. This can be difficult, especially with complex health issues or multiple treatments.
Unlike a bill or paycheck, pain and suffering are subjective. Insurers and defense attorneys often minimize emotional injuries, making it harder for plaintiffs to receive full compensation.
Between the medical review panel process, expert opinions, and negotiations, medical malpractice cases often take months or even years. But with the right representation, that persistence can pay off in the form of a meaningful recovery.
Most medical malpractice cases are settled out of court. That’s not a bad thing.
A settlement can:
However, some cases should go to trial, especially when:
An attorney will help weigh:
No two cases are alike, which is why a personalized legal strategy is essential.
At the Ikerd Law Firm, we understand the physical, emotional, and financial toll of medical malpractice. We have experience handling these complex claims across Louisiana, and we know how to build strong cases backed by evidence, expert support, and strategic advocacy.
When working with us, plaintiffs can expect:
We don’t just build cases. We fight for people.
If a medical provider’s negligence has caused your injury, you are not only dealing with pain but also with a challenging and high-stakes legal battle. Louisiana’s laws are complex, and damages can be limited or denied without the right strategy.
But you don’t have to go through it alone.
Contact us today for a free consultation at (337) 366-8994. We’ll evaluate your case, explain your rights, and guide you through every step of the recovery process.
Our mission is simple: to get you the justice, care, and compensation you deserve.
