Louisiana Appellate Court Rules in Favor of Family That Allegedly Missed Critical Deadline in Medical Malpractice CaseNovember 10th, 2017
According to Law360, the family that allegedly missed an important fee deadline in the claims process can proceed with their case against the Louisiana-based healthcare facility they believe is responsible for their loved one’s death. The deadline in question was for the filing fee that claimants must pay to request a medical review panel.
In the state of Louisiana, medical review panels occur prior to the actual filing of a medical malpractice lawsuit. These panels give healthcare providers the chance to review potential claims and provide plaintiffs with a second opinion in order to reduce the number of malpractice suits.
State law mandates that plaintiffs pay a filing fee of $100 for each applicable defendant within 45 days of filing their request for the medical review panel. If the malpractice victim or his or her family fails to pay this fee on time, the case will not proceed.
Fortunately for one family who allegedly lost a loved one to malpractice, the state’s Fifth Circuit Court of Appeal revived their suit after it had been deemed untimely because they were accused of missing the 45-day window in which to pay the fee. The appellate court reversed the lower court’s dismissal of the case because the law does not specify whether the fee must be postmarked within 45 days or the medical review panel must receive it within that timeframe.
If you lost a loved one after he or she received substandard care in a healthcare facility but your case was dismissed because of a technicality, that does not necessarily mean you have exhausted all of your options. Contact The Bowling Christiansen Law Firm to discuss your situation with a New Orleans medical malpractice attorney and determine the best way to proceed.
If David A. Bowling determines that your case should not have been dismissed, he will help you seek the maximum compensation for the damages your family has incurred. Call (504) 586-5200 to schedule a case evaluation.
Family Alleges Woman Received Questionable Care at Louisiana Facility
The family mentioned above wanted to file a medical malpractice lawsuit because their loved one’s health allegedly deteriorated as the result of care she received from five physicians at the facility in question. The woman’s health first began to worsen after she underwent a CT scan with iodine contrast even though an allergy to iodine was noted on her chart.
The family became suspicious of the care she was receiving and addressed the main physician regarding their concerns, but her condition did not improve. After the woman died, they scheduled a private autopsy, which revealed her death was the result of an improperly inserted gastric tube and subsequent chemical peritonitis.
If you lost a loved one due to negligent care and you want to hold the liable parties accountable, contact The Bowling Christiansen Law Firm. A compassionate lawyer can assess the circumstances of your case and ensure you do not miss any filing deadlines that will delay the proceedings.