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How the Louisiana Medical Malpractice Damages Cap Works

May 6th, 2015
On behalf of David Bowling of The Bowling Law Firm, A Professional Law Corporation posted in Medical Malpractice on Wednesday, May 6, 2015.

Medical malpractice is a serious issue across the United States, and according to the Journal of the American Medical Association, medical negligence is a leading cause of death in this country. Studies indicate that only cancer and heart disease kill more people in the United States each year, and medical review boards across the country pay out billions of dollars annually to patients suffering the impact of negligent health care or treatment.




The state of Louisiana is no different, and thousands of people who suffer at the hands of negligent doctors or institutions file for compensation every year. If you find yourself in this position, it is likely that you have many questions about the process and what it entails.

One of the most complicated and misunderstood elements of a malpractice claim in Louisiana is the damages cap, and it may be useful to speak to a specialist malpractice attorney for more information. The Bowling Law Firm is a trusted and respected Firm based in New Orleans, and we can help you understand the laws surrounding medical malpractice claims while evaluating your circumstances to determine if you may be eligible for compensation.

If successful, you could receive compensation for medical expenses, lost wages or pain and suffering caused by the negligent doctor or institution. To speak to a New Orleans medical malpractice lawyer today, call us at (504) 586-5200 to schedule an appointment.

Is there a limit to the amount of compensation I can receive?

According to Louisiana State University, there is a limit on the amount of compensation that people can receive in medical malpractice payouts. This is a common trend in most states. Even if you are successful in your lawsuit and a judge or jury finds the doctor guilty, there is still a cap on the potential compensation.

In the state of Louisiana, there is a specific limit on the total amount of damages that are available to the plaintiff, unlike in other states, where there is often just a restriction on specific damage categories. Currently, the cap is set at $500,000 in standard malpractice suits, with the exception of claims for future costs relating to medical care and treatment. Many medical malpractice plaintiffs have challenged this cap and failed, and the Louisiana Supreme Court recently reviewed and conFirmed the constitutionality of it.

Future Care

If you sustain serious, long lasting or lifetime injuries due to medical malpractice, there is a possibility that you can claim for compensation for the ongoing treatment of the complications. In these circumstances, it is often best to consult with an experienced attorney who will advise you on how to get the most out of your claim and stand the best chance of success.

To speak with a New Orleans medical malpractice attorney about your specific concerns, call the The Bowling Law Firm at (504) 586-5200. We have more than 30 years of experience, and we can assess your case to determine if you may be eligible for compensation.

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