Doctor Sues Practice for Allegedly Failing to Provide Malpractice CoverageFebruary 14th, 2018
According to the Louisiana Record, a physician in Jefferson Parish has filed a suit against his employer for breach of contract. The doctor claims the practice for which he works failed to obtain adequate medical malpractice insurance for him. In the lawsuit, which he filed in the 24th Judicial District Court, he is seeking damages for all reasonable sums due, as well as court costs and attorney f
There is no federal law that mandates all healthcare providers must purchase malpractice insurance. Although some states have minimum coverage requirements for providers, Louisiana is not one of them.
In lieu of purchasing traditional malpractice insurance for their practice, Louisiana doctors can opt to enroll in the Patient’s Compensation Fund program. The Times Picayune reports that this fund was established in 1975, and as of 2013, its balance was $828 million.
If you were the victim of medical malpractice and want to seek compensation for the damages incurred, turn to The Bowling Christiansen Law Firm. Even if the liable party does not have adequate insurance, a New Orleans medical malpractice lawyer can help you explore other avenues of compensation. Call (504) 586-5200 to schedule a case evaluation.
What Should You Know about Medical Malpractice in Louisiana?
Failing to obtain medical malpractice insurance, as in the case mentioned above, is a serious oversight. At the end of day, every healthcare provider has the potential to make a mistake when diagnosing or treating a patient, regardless of experience.
In fact, medical malpractice is a lot more common than most people realize. According to Hofstra Law, 10 percent of all deaths in the United States are the result of substandard medical care.
TIME reports that diagnostic errors are the most common kind of medical mistake. This includes delayed diagnoses, missed diagnoses, and misdiagnoses. Sadly, a simple diagnostic error can have devastating repercussions.
Fortunately, victims of malpractice can recover compensation for the damages they incur from the liable provider. In the state of Louisiana, claimants can include the following damages in settlement negotiations:
- Medical expenses;
- Lost income;
- Loss of earning capacity;
- Physical impairment;
- Loss of enjoyment;
- Loss of consortium; and
- Emotional distress.
Regardless of what these damages might amount to, though, the state places a cap on them. Malpractice victims can recover no more than $500,000 plus medical expenses. This cap includes lost wages, and patients are not entitled to punitive damages.
In addition to keeping this cap in mind, claimants should also remember that they only have a certain amount of time in which to file a suit. In Louisiana, most malpractice victims have just one year from the date of the alleged incident to hold the liable party financially accountable.
If you received substandard care from a negligent healthcare provider, a New Orleans medical malpractice attorney can help you navigate the claims process before the statute of limitations has passed. Contact The Bowling Christiansen Law Firm today to discuss your case and determine the most strategic way to proceed.