What Is the Medical Review Panel in Louisiana Medical Malpractice Cases?
If you pursue a medical malpractice claim in Louisiana, particularly if you file a lawsuit, you may encounter the state’s medical review panel requirement.
Before filing a claim against a medical provider in court, you may first need to make your case to a medical review panel that will issue an opinion about your claim.
The Bowling Law Firm has been assisting people with medical malpractice claims in Louisiana for more than four decades. We can help you determine if you have a valid case for compensation and understand what you need for the medical review panel.
Because most medical providers are considered “qualified” under the Louisiana Medical Malpractice Act, the medical review panel requirement applies to most Louisiana medical malpractice lawsuits.
This step is special to Louisiana. Work with a New Orleans medical malpractice lawyer, like the medical malpractice attorneys at The Bowling Law Firm, who have extensive experience in the state and with its medical review panels.
If you believe you were harmed by medical malpractice and you want to seek accountability for those who harmed you, contact us to schedule a free attorney consultation.
You could claim compensation for economic losses like lost wages or added medical expenses, as well as non-economic damages for emotional distress and pain and suffering.
You only pay costs or fees if you recover damages.
Best Lawyers in America has recognized our firm as a Tier One Medical Malpractice firm. Both David Bowling and Katie Sepcich Drummond have been individually recognized by Best Lawyers and Super Lawyers. Brady Williamson has also been recognized as a Rising Star by Super Lawyers. David is an associate of the American Board of Trial Advocates due to his extensive jury trial experience and a fellow of the American College of Trial Lawyers, a group that accepts no more than 1% of Louisiana attorneys. The Bowling Law Firm’s ability and ethics have also been recognized with Martindale-Hubbell’s highest AV-Preeminent rating.
What Happens at a Medical Review Panel?
A medical review panel consists of three health care providers who are licensed to practice in Louisiana. An attorney joins the panel as chairperson and procedural guide, but the attorney doesn’t vote on the panel’s opinion.
The panel evaluates your evidence to express an opinion on whether a medical professional breached the standard of care.
Standard of care is a crucial component in any medical malpractice case. The standard of care is the level of skill and caution you would expect from a medical professional. Essentially, the question is, “Did my doctor act in a way that a reasonable practitioner with their level of knowledge and skill should have?”
Not every bad medical outcome is a result of malpractice or the breach of this standard of care. You need to be able to show that a health care professional made a mistake that fell below the standard of care.
An example could be a misdiagnosis or delayed diagnosis. If you presented with signs of an illness but your doctor made no effort to test for or treat the likely potentially harmful conditions, that could be considered malpractice.
The opinion of a medical review panel is not binding, but an unfavorable result could affect your case. A medical professional can use this opinion in their defense, and it could affect their willingness to negotiate a settlement.
Consult an experienced Louisiana medical malpractice lawyer from The Bowling Law Firm to make your case to this panel.
The initial consultation with an attorney is free.
The Medical Review Panel and Filing Deadlines
Louisiana does not give you unlimited time to file a medical malpractice claim.
There is a one-year statute of limitations that begins running from the day of the “act, omission, or neglect” of a medical practitioner.
The statute of limitations can be extended if you had no reason to suspect that you were hurt by medical malpractice until later, allowing you to file a claim within one year of the date you discovered that a health care provider’s negligence caused you harm. The point in time that medical malpractice is discovered is often debatable, and it is therefore advisable to present the claim as soon as possible.
There is a strict three-year limitation, meaning that, no matter when the malpractice was discovered, you generally cannot sue after three years have passed since the date of the act, omission, or neglect.
How does the medical review panel affect this statute of limitations?
Once formed, the panel can take up to 12 months to issue its opinion on your claim, but the statute of limitations clock doesn’t run while you wait for the panel to respond.
When properly filed, a request to have the medical review panel evaluate your claim will pause the statute of limitations deadline until after this review is completed.
If you have any questions about these deadlines or you’re worried that you’re running out of time to pursue a claim, schedule a free attorney consultation with our New Orleans medical malpractice firm.
Does Mississippi Also Require a Medical Review Panel?
The Bowling Law Firm also serves Mississippi residents with medical malpractice claims out of our Gulfport office (open by appointment only). If you are pursuing compensation in Mississippi, you do not need to go to a medical review panel, but there are other important requirements to know.
Before you file a lawsuit in Mississippi, you must first give the medical professional you plan to sue at least 60 days of written notice. This “notice of claim” needs to specify the legal basis for your claim, how you were injured and what damages you suffered as a result of their medical malpractice.
Then your attorney must provide a “certificate of expert consultation.” This indicates that they have spoken to an expert in the medical field, and there is a factual basis for your malpractice claim.
It’s important to note that Mississippi has its own statute of limitations for medical malpractice cases against most providers in the state—two years instead of Louisiana’s one year.
There is one important exception to this rule. Public health care providers like state and county owned hospitals are governed by the Mississippi Tort Claims Act. This Act gives you just one year to pursue a case against this kind of provider, and there are rules about waiting periods and filing a notice of claim that you must follow.
If you believe you have a valid medical malpractice claim in Mississippi, schedule a free, no-obligation attorney consultation with The Bowling Law Firm. We can help you determine if you have a case for compensation.
Why Choose the Bowling Law Firm for Your Louisiana Medical Malpractice Case
Don’t try to make your case to the medical review panel on your own.
The attorneys of The Bowling Law Firm can help you pursue justice after medical malpractice injuries, including taking your claim to the review panel.
Our lawyers have been recognized by multiple organizations, including Best Lawyers in America, Super Lawyers, and, in the case of Mr. Bowling, the American Board of Trial Advocates and American College of Trial Lawyers.
If you have a valid claim, we can help you understand how the Louisiana medical review panel operates and what it takes to build a medical malpractice case.
