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Damages

Damages in medical malpractice cases in Louisiana are capped at $500,000.00 plus medical bills for injuries caused by medical malpractice under the Louisiana Medical Malpractice and Malpractice Liability for State Services Acts. These two statutes insulate the medical community from full legal liability for its negligence acts. As a consequence, health care providers are not fully responsible for the harm caused by their negligence.

Claims filed against a health care provider must first be reviewed by a medical review panel composed of three physicians practicing in the same medical specialty before a civil lawsuit may be filed in state court. This panel of medical peers renders an opinion that may be offered into evidence at any trial of the case. The panel process adds significantly to the cost, the time required to complete a case and the difficulty in obtaining a successful outcome for a plaintiff.

Subject to damages cap in Louisiana, damages awarded in medical malpractice cases include special damages and general damages. Special damages seek to reimburse a plaintiff for expenses incurred, or financial losses sustained or most likely to be sustained. Special damages typically include:

  • Medical and hospitalization bills incurred to treat your injuries
  • Wages lost due to work missed while you recuperate
  • Costs of household or nursing help during recovery, including costs of wheelchair or crutches
  • Cost of medical expenses and household or nursing help you are likely require in the future
  • Value of wages you are likely to lose in the future

Victims of medical negligence can also recover general damages in addition to special damages. General damages include things that can't be precisely documented in dollars, including:

  • Pain and suffering endured due to injuries and the mental anguish it generates
  • Disfigurement resulting from injuries
  • Permanency of injury and resulting pain and suffering
  • Loss of consortium (benefits of a relationship)
  • Loss of enjoyment of life

Not all bad outcomes in medicine result from medical negligence. We thoroughly investigate all potential claims for medical malpractice to assess the legal and medical issues involved. We do this to determine not only whether medical negligence occurred, but that the negligence identified was the cause of sufficient damage to a patient to warrant bringing a claim. In doing so, we routinely secure evaluations of individual cases from nurses and physicians to assist with a determination of whether a particular matter is indeed meritorious.

If you or a loved one has been injured as a result of possible medical malpractice, call the Law Office of Kenneth G. Miller at 337-289-1300.

Office Location

Law Office of
Kenneth G. Miller

111 Mercury Street
Suite C
Lafayette, LA 70503

Phone: 337-289-1300
Toll Free: 800-521-3849

Fax: 337-289-1302
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