How Long Do I Have to File a Medical Malpractice Claim in Louisiana?April 20th, 2017
If you were injured by a negligent doctor, nurse, or other medical worker and you intend to file a medical malpractice claim, you will have to do so before the statute of limitations has expired. The statute of limitations is a timeframe by which you must file your claim, and if you wait too long, it is likely that the court will dismiss your case.
In the state of Louisiana, the statute of limitations for medical malpractice cases is called the “prescriptive period.” If the prescriptive period for your case has passed, your attorney will say that your case has “prescribed.”
If you were a victim of medical malpractice or if you lost a family member due to medical negligence, contact The Bowling Christiansen Law Firm. David A. Bowling is a wrongful death attorney in Baton Rouge who will evaluate your case to determine if you have grounds for a claim.
Mr. Bowling will help you meet all required deadlines and avoid costly mistakes during the claims process. Call (504) 586-5200 today to schedule a consultation.
How Long Do I Have to File a Medical Malpractice Claim in Louisiana?
According to the Louisiana State Bar Association, the prescriptive period for filing a medical malpractice claim is one year. That means you have one year from the date of the malpractice incident, or from the date when you should have reasonably discovered your injury or illness, to file your claim.
Most states have statutes of repose in addition to statutes of limitations. A statute of repose limits the total time you have to file a lawsuit – regardless of when you discovered your injury or illness.
In the state of Louisiana, the statute of repose for medical malpractice is three years. That means if you underwent a botched medical procedure but you did not experience any symptoms or side effects until 36 months later, you will not be able to file a medical malpractice claim because the statute of repose would have passed.
How Long Do I Have to File a Wrongful Death Claim in Louisiana?
In some cases, a doctor’s negligence can have fatal consequences. If you lost a loved one due to medical malpractice and you want to file a wrongful death claim in the state of Louisiana, you have one year to do so.
This timeline typically begins on the date of the deceased’s death, not on the date on which the malpractice occurred. According to the Louisiana State Legislature, the following family members can file a wrongful death lawsuit:
The surviving spouse of the deceased;
The surviving children of the deceased;
The surviving parents of the deceased;
The surviving siblings of the deceased; or
The surviving grandparents of the deceased.
If you or a member of your family was a victim of medical malpractice, contact The Bowling Christiansen Law Firm to discuss your case. Call (504) 586-5200 to schedule a consultation with a medical malpractice lawyer in Baton Rouge.