Understanding the Medical Malpractice Process
If you are a resident of the great state of Louisiana and think that you have a potential malpractice suit, you are not alone: the average amount of malpractice suits over the past few years has been around 1,600, with many of these cases being settled without the general public knowing about it.
You may be wondering what the process is like to file a malpractice suit in Louisiana. Like the other 49 states in the Union, filing a malpractice suit follows a similar process that you must follow for it to be successful.
The first thing that needs to be understood about the malpractice process in Louisiana is that there are two categories: malpractice against private healthcare providers and malpractice against public or state providers. This differentiation is important, as two separate laws govern the process of claiming malpractice in Louisiana.
After you understand this, you should consult an attorney that specializes in medical malpractice to discuss your options and find a plan to move forward. The attorney will be able to make the determination under which law the claim should be argued over and a reasonable reward amount set. Though the attorney will also alert you to this, it should be understood as well that Louisiana has a law that places a maximum claim at $500,000 to protect the rights of healthcare providers.
The next step would theoretically find you in court, but after the paperwork is completed the process tends to find you in a settlement session with the defendant you are claiming against. This is the exact reason that many do not hear of the amount of malpractice cases, as they are settled outside of court. It is in these sessions that you, your attorney, and the defendant’s attorneys will negotiate a settlement price to ensure that you get the amount—or as near to it as possible—that you ask for.
To wrap this post up, it should be suggested that the amount you ask for does not fall in to the “exorbitant amount” category. The money should cover any excess medical costs and any costs that you will have to face in the future. The $500,000 cap law makes sure that no one walks away from a malpractice suit a multi-millionaire and does it again in the future. Use the suit to help you cover the costs that the malpractice caused you and don’t try to enrich yourself.