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4 Important Facts about Medical Malpractice in Louisiana – Insights from a New Orleans Wrongful Death Attorney

June 2nd, 2016
On behalf of David Bowling of The Bowling Law Firm, A Professional Law Corporation posted in Medical Malpractice on Thursday, June 2, 2016.

When patients enter hospitals and other medical facilities, they expect competent care. Unfortunately, nurses, doctors and other health-care professionals sometimes behave negligently, and patients suffer the consequen

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As explains, common examples of medical malpractice include:

Operating on the wrong patient;

Operating on the wrong side of a patient;

Misuse of forceps or vacuum extractors during delivery;

Giving a medication to the wrong patient;

And anesthesia errors.

If you were the victim of a doctor’s negligence in Louisiana, contact the The Bowling Law Firm. David A. Bowling is a medical malpractice lawyer in New Orleans who can gather evidence, structure your claim, and help you fight for the maximum compensation. He has more than 30 years of trial experience.

Call (504) 586-5200 to schedule a consultation. Until then, read on to learn four important facts about medical malpractice in Louisiana:

Fact 1: Medical malpractice payouts are more common than many people assume.

In Louisiana, there were 3,806 medical malpractice payouts between 2004 and 2014, according to the National Practitioner Data Bank. The state ranks 10th in the number of medical malpractice payments even though it ranks 25th in population size.

Fact 2: Although the Louisiana Patient’s Compensation Fund is large, annual payouts from it are not.

Since its establishment in 1975, the Louisiana Patient’s Compensation Fund has been paying damages to victims of negligent health-care providers. According to the Division of Administration’s financial data for fiscal year 2016 (calendar year 2015), the overall budget for claims payouts was $130,000,000. The report from Sept. 3, 2015 shows that expended compensation only equaled $8,664,795.

Fact 3: Victims can only receive uncapped compensation for future medical expenses.

The Louisiana Patient’s Compensation Fund has a damages cap of $500,000. However, future medical expenses are uncapped. For example, if a patient needs lifelong medical support, then he or she may be able to recover the necessary funding from the LPCF.

Fact 4: If found guilty, the doctor will not necessarily lose his or her practicing license.

In 2013, only three physicians lost their licenses to practice medicine in Louisiana. Over the last decade, this number is only 27.

In order to revoke a medical license, the Louisiana State Board of Medical Examiners must believe that no additional review or training could have prevented the incident. If the doctor needed more training, for example, then he or she is not necessarily incompetent – even if he or she committed medical malpractice.

Only the most egregious cases result in an immediate license revocation. This typically happens when there are several malpractice settlements or judgments against a doctor.

If you or a loved one was the victim of medical malpractice, contact the The Bowling Law Firm. David A. Bowling is a New Orleans wrongful death attorney who can evaluate your case, structure your claim, and represent your interests.

The Bowling Law Firm is an AV-rated law Firm under Martindale-Hubbell’s peer review rating system. Call (504) 586-5200 to schedule a consultation.

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