Medical malpractice is defined in Louisiana law as a healthcare provider failing to meet the accepted standard of care for their practice and causing measurable harm. A successful Los Angeles Malpractice Legal Help claim must show a direct connection between the alleged negligence and your damages.
But before a lawsuit can be filed, all claims must first be screened by a medical review panel. This panel consists of three health care providers and a licensed attorney.
What is a Medical Review Panel?
A medical review panel is a group of medical professionals that will meet to discuss your case and determine whether your health care provider breached the standard of care when treating you. The panel will then write a report with their decision and detailed findings. The report will be a key piece of evidence for your lawsuit if you decide to move forward with the legal process.
The medical review panel consists of an attorney chairman (who won’t have a vote) and three licensed health care providers who practice in your health care provider’s specialty. You and the defendant(s) select two of the health care providers to serve on the panel, then those two members select the third member to create a balanced, specialized team.
Once the panel members are selected, you and your doctor will exchange relevant documentation, including medical records, expert witness reports and deposition transcripts. The panel will then meet for a discussion in an informal setting and the chair of the panel will presiding over the meeting.
How Does a Medical Review Panel Work?
A medical review panel is a process by which the plaintiff’s and the defendant’s attorneys can present evidence in the form of medical records, depositions and expert reports to a group of healthcare providers. The medical review panel is overseen by an attorney chairman who does not vote but helps facilitate the process.
After the submissions are complete, the attorney chairman will schedule a meeting for the medical review panel to meet and discuss the evidence submitted by both parties. During this meeting, the parties can ask questions of the panel members.
Once the panel has gathered together, they will provide their expert opinion on whether or not the physician violated the standard of care. A favorable opinion from the panel can strengthen your case and lead to a more favorable settlement or a court outcome for you. A negative medical review panel opinion, on the other hand, can dissuade you from filing a malpractice lawsuit and can result in you having to pay for the healthcare provider’s legal fees if you file a suit.
What is the Statute of Limitations for a Medical Malpractice Case in Louisiana?
The laws of the states vary by state, but in Louisiana, medical malpractice claims must pass a rigorous legal process before an injured patient can take action. This includes a mandatory review panel and strict statutes of limitations, which can complicate your case if you are pursuing compensation for negligence like misdiagnosis or surgical errors.
Moreover, unlike other types of lawsuits, medical malpractice claims typically require expert opinions from physicians and an attorney. This can make the process frustrating and overwhelming without the help of an experienced Louisiana malpractice lawyer.
The review process also takes time, and it may take longer to find out whether the panel will allow you to file a claim in court. This is because of a combination of factors, including the fact that most medical malpractice cases involve complex matters. Fortunately, there are exceptions that can extend the statute of limitations or pause it for minors and those who are mentally incapacitated at the time of the incident.
How Long Does a Medical Malpractice Case Take in Louisiana?
A medical malpractice case is one of the most complex types of civil litigation. It involves strict timelines, detailed documentation, and unique legal requirements that vary by state.
In Louisiana, most claims for medical malpractice must first go through a medical review panel before they can be filed in court. This is a unique requirement that is designed to filter out frivolous claims and provide an expert medical opinion early on in the case.
The review panel consists of three licensed health care professionals and an attorney who will review the patient’s medical records and determine whether or not there is evidence of malpractice. If there is no proof of malpractice, the panel will reject the claim and the injured patient can then file in court.
Those who are considering filing a medical malpractice claim should carefully review their documentation, including all of the relevant healthcare provider records, bills, and communications. It is also important to speak with a qualified attorney, who can help you gather the necessary evidence and understand the specific laws in your state.