Most health care facilities in the New Orleans area are comprised of competent and hardworking professionals. Unfortunately, there are occasions when the treatment provided to a patient falls below acceptable medical practice. When this happens, the patient may be able to file a medical malpractice claim. A health care provider’s treatment must meet an appropriate standard of care. Generally, all medical care providers must provide the care ordinarily possessed and exercised by members of the profession in good standing in the community. Where an alleged act raises issues peculiar to a medical specialty, the standard of care is that which is ordinarily practiced by those involved in the medical specialty. Examples of medical malpractice include: Failure to provide a patient with appropriate medical treatment; Incorrectly diagnosing or failing to recognize a medical condition; Unreasonable delay in providing care for a known medical condition. In a medical malpractice action, the plaintiff…Read More
For the most part, the medical practitioners of New Orleans are hardworking, conscientious individuals who make a diligent effort to do their best for their patients. While this does not mean that they never make mistakes, Louisiana’s laws do attempt to protect doctors and other medical providers by placing limitations on when they may be successfully sued for medical malpractice. First, the individual claiming to have been injured must be able to prove that – as a result of the medical provider’s error or failure to act – he or she suffered an injury that would not otherwise have occurred. Even when a mistake is made, if it does not result in any actual harm to the patient, then there is no basis for the patient receiving financial compensation for an injury. Second, even if an injury did occur as a result of a medical provider’s mistake in treatment or…Read More
When a New Orleans resident wishes to pursue a medical malpractice claim, Louisiana law requires that the matter be screened by a Medical Review Panel before proceeding. While an adverse opinion from the Medical Review Panel does not bar an injured person from pursuing a medical malpractice lawsuit, the opinion of the panel is admissible in later court proceedings. The Medical Review Panel does not function like a court of law. There is no live testimony or cross-examination of witnesses. Instead, the parties are required to submit all evidence they wish the panel to consider in written form. If a party believes that the testimony of any of the parties or witnesses is necessary for the Medical Review Panel’s determination, depositions may be taken prior to the Medical Review Panel being convened. A transcript of this deposition testimony may then be submitted to the panel. The other evidence that the…Read More
While not every minor mistake made by a New Orleans dentist in the course of treatment constitutes dental malpractice, individuals injured by the negligent conduct of – or substandard care provided by – a dentist, dental assistant or oral surgeon may be entitled to compensation. Generally, what is required to prove dental malpractice is governed by the same rules surrounding other types of medical malpractice. These include a requirement that the dental practitioner provide a patient with an acceptable level of care. Dentists are not required to be perfect, but they are required to provide at least the same level of care that a practical and prudent dentist would provide. If a dentist fails to provide this level of care and it leads to the patient suffering a significant injury, the dentist may be required to pay for the damages. The variety of specific actions that may be classified as…Read More
This month, New Orleans residents will be voting on a proposed amendment to the Louisiana State Constitution designed to protect the Patient Compensation Fund. The amendment requires that the funds only be used for payment of medical malpractice claims, and bars state lawmakers from diverting any money in the fund to cover other areas of government spending. The Patient Compensation Fund was created 37 years ago as part of Louisiana’s efforts to manage costs associated with medical malpractice claims. All damages in medical malpractice claims involving government-operated medical providers are paid through this fund – up to the statutory cap of $500,000. Private medical providers who choose to participate in the fund are responsible for the first $100,000 in damages from any medical malpractice claim. Any amount awarded above that – up to the same statutory cap – is paid out of the Patient Compensation Fund. For individuals who have…Read More
Nearly all medical malpractice claims in New Orleans must be screened by a Medical Review Panel prior to proceeding to court. The purpose of the Medical Review Panel – which consists of three medical providers – is to render an expert opinion regarding whether the medical provider against whom a claim is being made violated the appropriate standard of medical care. The panel issues a written report, which is admissible as an expert opinion at later court proceedings. Recently, in McGlothlin v Christus St. Patrick’s Hospital, 2010-2775 (La. 7/1/11), the Louisiana Supreme Court clarified that the purpose of the Medical Review Panel is to determine whether the appropriate standard of medical care was violated and, if so, whether that violation resulted in an injury to the plaintiff. If the panel’s written decision extends into areas not requiring medical expertise, the opinion is not admissible in a court proceeding. In the…Read More
When a New Orleans resident wants to file a medical malpractice claim, he/she must follow the procedure set forth in the Louisiana Medical Malpractice Act. Under this act, any claim of medical malpractice must be screened by a “medical review panel” before a civil suit can be filed in court. This medical review panel consists of an attorney and three health care providers. The attorney acts as chairman of the panel, but does not have a vote. The plaintiff and the defendant each select one of the three health care providers. The third health care provider is chosen by agreement of the two providers already selected to the panel. The role of the medical review panel is to review the evidence and determine if it supports a finding that the defendant violated the standard of care required when treating a patient. If they do find that the physician did not…Read More
Lost chance of survival is an issue that may arise in New Orleans medical malpractice lawsuits where the patient has passed away. In cases where a patient — because of his or her medical condition — may have died regardless of medical treatment, damages can still be awarded if the doctor’s negligence caused the patient to lose a chance of survival. A lost chance of survival in any degree may be compensated in damages. The Louisiana Supreme Court has ruled that to establish a connection between the patient’s death and the defendant’s medical malpractice, the survivor need only prove that the defendant’s medical negligence resulted in the patient’s chance of survival being reduced. It is not necessary to prove that the patient would have survived if properly treated. When considering the amount of damages to award for a loss of chance of survival, the jury is allowed to consider the…Read More
For a New Orleans resident to file a medical malpractice claim, the procedure set forth in the Louisiana Medical Malpractice Act must be followed. The Louisiana Medical Malpractice Act requires that any claim of medical malpractice be screened by a “medical review panel” before a lawsuit to recover damages can be filed in court. A medical review panel is composed of three health care providers and is administered by an attorney chairman. The attorney chairman does not have a vote and merely acts to facilitate the panel. The injured person and the medical provider being accused of malpractice each select one of the three health care providers. Once those two panel members are selected, they must agree upon who will be the third health care provider selected to the panel. The purpose of the medical review panel is to review the evidence and determine if it supports a finding that…Read More
Most of New Orleans’ health care providers are competent and hardworking professionals. This does not mean, however, that there are not subpar providers or occasions when the treatment provided to a patient falls below the acceptable standard of care for medical providers. When this happens, the patient may be able to pursue a medical malpractice claim. The medical treatment provided by a health care provider is required to meet the appropriate standard of care. Not every case in which treatment leads to a bad outcome or unexpected result constitutes medical malpractice — there must be a breach of the standard of care. In general, medical care providers must provide the care ordinarily possessed and exercised by members of their profession who are in good standing in the community. In cases where treatment involves issues particular to a specific medical specialty, the standard of care required is that which is ordinarily…Read More
