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How Long Do I Have to File a Malpractice Claim?

April 28th, 2015
On behalf of David Bowling of The Bowling Christiansen Law Firm, A Professional Law Corporation posted in Medical Malpractice on Tuesday, April 28, 2015.

Each year, thousands of people across the United States undergo important medical procedures, and for the most part, they deliver successful results that enable the patients to continue in good health. Some of the procedures do not end well, though, and courts across the country pay outs of millions of dollars annually to people who have suffered at the hands of a negligent doctor, health-care worker or institution.


If you believe a doctor or health-care worker has acted negligently and caused you additional pain and suffering, it is common to have many questions about how to proceed with a medical claim. One of the most important aspects to keep in mind is that there is a time limit for filing a malpractice claim. If you fail to submit the necessary documents within the stipulated timeframe, the court may not even consider your case.

If you need assistance or have questions regarding a medical malpractice claim, contact The Bowling Christiansen Law Firm. We specialize in helping people who have suffered injuries due to a doctor or health-care provider’s negligence, and we can evaluate your circumstances to determine if you may have a valid claim.

David A. Bowling is a New Orleans medical malpractice lawyer with more than 30 years of experience. Call us today at (504) 586-5200 to schedule an appointment, and read on for more information regarding the statute of limitations in Louisiana.

Medical Malpractice Claim Time Limit

According to Digital Commons, you have a limited amount of time to file a medical malpractice claim. The prescriptive period, or statute of limitations, in Louisiana regarding medical malpractice claims is one year from the date that the patient became aware of the possibility of a malpractice claim.

It is important to note that it is not necessarily one year from the date of the procedure that caused the complications. If you only become aware of the potential for a medical malpractice case more than one year after the procedure, you have a total of three years from the date of the procedure to file your claim; however, if a doctor left medical supplies in your body after a procedure, and you discover them after more than three years, you will not be able to file a claim at all.

Which acts govern medical malpractice in Louisiana?

The state of Louisiana divides medical malpractice claims into two broad categories: private or public health-care providers. If you are filing a claim against a private doctor, you will follow laws laid out in the Medical Malpractice Act. If you are pursuing a claim against a state provider, you will follow the Malpractice Liability Services Act.

If you believe you have been the victim of medical malpractice, contact New Orleans medical malpractice attorney David A. Bowling. The Bowling Christiansen Law Firm has extensive experience in the field of malpractice, and our knowledge of local laws means we can assess your claim and determine if you may be entitled to compensation. Call us today at (504) 586-5200 to schedule an appointment.

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