Common questions about filing a medical malpractice lawsuitApril 16th, 2015
Louisiana has its own specific requirements to file a lawsuit based on claims of medical malpractice. What follows are some frequently asked questions about how to begin the process of making such a legal complaint.
Can I file a lawsuit in court right away? No. Your claim must first be brought before a medical review panel, and your initial documentation must be directed toward that panel.
Is there any cost to file a request with the review panel? Ordinarily it costs $100 to file a request with the medical review panel (payable within 45 days after the mailing date on which the panel sends you notice of receipt of your request), but this fee can be waived if the filing includes an affidavit from a qualified doctor stating that the malpractice allegations sufficiently allege a breach of the standard of care applicable to the defendant or defendants, or in some cases if you can legally show that you cannot afford to pay the fee.
What happens if my request for review fails to comply with the specific requirements of the medical review panel? You will have 45 days to see to it that your request for review meets all of the requirements of the medical review board for a valid request. If for any reason you do not have a fully-compliant review request done within the 45-day period, then the review board will invalidate the request. This will not necessarily prejudice your ability to re-file a review request, but it will also not stop the statute of limitations from running on your medical malpractice claim.
These questions and answers only present an overview of how to initiate a medical malpractice request for review. It does not provide comprehensive information on how to complete such a request, and you should not take this information as legal advice. If you have specific questions about how the review process works or need assistance in filing a review request, a medical malpractice personal injury law Firm can assist you.