Communication plays a big part in a successful legal outcome. Granted, one's attorney typically does the talking in negotiations, mediations or the courtroom. We also provide aggressive advocacy, fighting for our clients' rights. However, that legal advocacy must be tailored to the unique needs of each client.
Medical malpractice is a complicated process to understand, particularly if you are still suffering the impact of negligent treatment. It is not always an easy process to undergo, and many people face a difficult time trying to prove that the doctor did in fact act negligently or did not perform a certain procedure with due care.
We are often asked "what is the statute of limitations in Louisiana for a personal injury claim?" and "what is the statute of limitations in Louisiana for a medical malpractice claim?" The short answer to both questions is one year. If it was as simple as that, though, there would only be one statute of limitation, rather than numerous codified laws addressing the issue. There would not be literally thousands of court decisions interpreting the various nuances of Louisiana law pertaining to the time limits to bring legal claims. Thus, The Bowling Law Firm presents this article on statutes of limitations, or "prescription" as the concept is referenced in Louisiana practice, with a huge caveat: Louisiana prescription law is complex and subject to numerous exceptions. There are significant questions as to when the one-year period is triggered and how and when the running of the prescriptive period stops. Prescription questions can usually only be accurately answered by qualified legal counsel in a case-specific context. The one generalization that can be made is that for individuals seeking to make claims, the risks of having a prescription problem do not lessen with the passage of time. If you think that you have a claim that you want to explore pursuing, you should seek legal counsel without delay. Legal rights can expire as time passes.