Understanding the Malpractice Damages CapApril 9th, 2015
Undergoing a medical malpractice trial can be a difficult experience for victims. Apart from the trauma of handling the aftermath of poor medical treatment, medical malpractice is often difficult to prove. Even if you are able to prove medical malpractice, it can be challenging to collect compensation for injuries and suffering.
If you have been the victim of negligent care, an experienced New Orleans medical malpractice lawyer may be able to help. A malpractice attorney can explain the legal system in your region and potentially help you recover damages to pay for medical expenses incurred as a result of poor treatment.
The Bowling Christiansen Law Firm is a respected New Orleans Firm with extensive medical malpractice experience. We specialize in helping people who have suffered injuries due to the negligence of a doctor, health-care provider or institution. If you think you may be eligible for compensation, call us today at (504) 586-5200 to schedule an appointment, and read on for more information regarding the damages cap.
Eligibility for Unlimited Coverage
According to , Louisiana courts cap possible damage payouts for medical malpractice claims at $500,000. In spite of this, under certain circumstances, courts may award unlimited coverage to patients who suffer severe injuries from malpractice.
Each year, the Louisiana Patient’s Compensation Fund grants approximately $22.5 million to patients who require additional medical care for the rest of their lives due to a malpractice incident. There are currently 180 patients across the state of Louisiana who receive this form of malpractice compensation.
Future Medical Expenses
Courts have previously restricted damages to the $500,000 cap, but Louisiana courts have not restricted payments for future medical expenses since 1984. Many patients have complained that the future medical expenses payments are very difficult to access, though.
According to the Louisiana Court of Appeal, the court only concedes to pay a certain kind of medical bill, and there are a number of factors that will influence its decision. The responsibility for this decision rests on the courts and the Louisiana Patient’s Compensation Fund Oversight Board.
Filing a medical malpractice claim can be a difficult and overwhelming process, and in many situations, it helps to get the assistance of an experienced medical malpractice attorney. At The Bowling Christiansen Law Firm, we have extensive experience in the field of medical malpractice, and we can assess your claim to determine how best to proceed.
David A. Bowling is a respected New Orleans medical malpractice attorney, and he has more than 30 years of trial experience. The Bowling Christiansen Law Firm is also an AV-rated practice under Martindale-Hubbell’s peer review rating system, and we have the necessary knowledge and expertise to handle Louisiana malpractice claims.
Unless you investigate the possibility, you will never know if you have a valid claim. Call us today at (504) 586-5200 to schedule an appointment so we can evaluate your case and determine if you may be eligible for compensation.