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Which Types of Damages Might Be Available in a Medical Malpractice Claim? New Orleans Wrongful Death Attorney Explains

June 13th, 2016
On behalf of David Bowling of The Bowling Law Firm, A Professional Law Corporation posted in Medical Malpractice on Monday, June 13, 2016.

If you were injured by the negligence of a nurse, doctor, pharmacist, or another health-care worker, then you may have grounds for a medical malpractice claim. A medical malpractice lawyer can help you pursue compensation for health-care bills, time off work, and noneconomic damages.

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Louisiana is unique in that it has a $500,000 cap on damages in medical malpractice cases, as the Louisiana Statutes explain. In most cases, the only exception to this cap is ongoing medical expenses.

Making a successful medical negligence claim is a legally complex process. You may need to undergo an independent medical examination, and your personal-injury attorney may have to reference expert testimonies to prove negligence. However, taking action not only could help you recover compensation for your losses, but it might also prevent other patients from suffering the same mistreatment.

If you were the victim of medical negligence in Louisiana, contact the The Bowling Law Firm. David A. Bowling is a medical malpractice lawyer in New Orleans who can structure your claim and protect your interests during settlement negotiations.

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. You can also learn more about medical negligence by visiting

Here is a brief overview of the damages that you may be able to recover in a medical malpractice claim:

Economic Damages

Economic damages refer to financial losses that directly result from the medical negligence. The Louisiana Patient’s Compensation Fund will pay your economic damages that exceed $100,000 – up to the $500,000 cap unless you require ongoing medical treatment.

Economic damages include past medical expenses such as hospital stays, doctor’s bills, assistive equipment, therapists and prescriptions. It also includes future medical expenses.

If you miss work during recovery, then you can also claim lost income. If you received income during recovery but had to take sick leave or holiday time, then you can request reimbursement for the value of those days.

Here is a list of common economic damages:

Medical bills;

Future medical expenses;

Loss of income;

Loss of future earning capacity;

And funeral expenses if death occurs.

Noneconomic Damages

Noneconomic damages are more subjective than economic damages. The courts consider several factors when determining the value of noneconomic damages. These include the severity and permanency of the injury, and whether it caused disfigurement. Patients who suffer temporary health complications usually will not be able to recover noneconomic damages.

Examples of noneconomic damages include:

Emotional distress;

Loss of consortium;

And loss of quality of life.

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 assess your case to determine if you have grounds for a claim.

Mr. Bowling has more than 30 years of trial experience, and he can handle the legal aspects of your case so you can focus on recovery. Call (504) 586-5200 to schedule a consultation.

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