When a doctor, nurse, or other medical professional fails to follow the strict duty of care in taking care of patients, people can get hurt, or even die from this negligence. The injured party or their family has the right to file suit for medical malpractice and potentially recover damages for the financial costs, lost wages, and from non-economic damages like disability, pain and suffering, and loss of companionship. Louisiana has a unique law concerning the recoverable damages in a medical malpractice claim, so you should consult with our legal team before you take your next action.
Louisiana is governed by the Medical Malpractice Act, which has been in effect since 1975. It has been challenged on constitutional grounds many times, but it was invoked by the legislature because of what they called the “medical malpractice crisis,” and it is an area of the law where the damages you can recover from an injury or a wrongful death claim are limited.
For example, if a father was a victim of medical malpractice, the surviving spouse and children can bring a claim for survival damages (encompassing the suffering he experienced from the day of the malpractice to the day he passed), as well as for the cost of medical treatment. Each individual claimant, including spouse, children, and siblings, can bring a claim for the wrongful death based on the closeness of relationship to the victim.
When taking both of those cases (the survival damages and wrongful death damages), the maximum recovery for all claimants is $500,000 plus medical expenses
When you include medical expenses, including future medical needs, the total amount of damages can go above that $500,000 cap. That is the law in Louisiana for medical malpractice claims involving death or lifelong injury that affects a person’s ability to work. For future medical needs, damages can be awarded above that amount.
There are special provisions involving medical bills where the courts can fashion what they call “reversionary trust,” where the cost of medical treatment is funded, and if the medical treatment is never undertaken, the funds can be reverted back to the health care provider or their insurers. However, there is a cap on what plaintiffs can get, whether it is pain and suffering, mental pain and anguish, loss of love and affection, loss of companionship or parental guidance, those general damages are limited to $500,000.00.
The medical expenses and lost earnings tend to be a small portion of the damages. It is the disability and loss of enjoyment of life that tend to be the larger aspect of any personal injury case.
In Louisiana, punitive damages are very uncommon. Punitive damages may be possible in cases involving spousal abuse, sexual abuse of a child, or somebody wantonly and willfully driving while intoxicated. It is extremely unlikely that someone can receive punitive damages for a medical malpractice claim.
In addition to medical expenses and lost wages, you can also recover non-economic damages from a medical malpractice claim, but Louisiana sets a cap on how much you can recover. Please talk with the Kopfler & Hermann team about what you can expect in your own situation.
