I Think My Doctor May Have Committed Medical Malpractice and Now I am in Even Worse Shape. How Long Do I Have to Sue for Medical Malpractice in Louisiana?
When we visit the doctor or dentist, we entrust them with the most sacred thing that we can entrust another person to take care of: our body and health. Although doctors, dentists, psychologists, chiropractors, nurses, and other health care professionals undergo rigorous training and licensing in Louisiana, the unfortunate fact is that doctors and other healthcare professionals sometimes make mistakes and can end up committing medical malpractice on their patients or clients. Fortunately, under Louisiana medical malpractice laws, individuals who are injured by the negligent care of their doctor or other healthcare professional have rights and options. Under Louisiana medical malpractice laws, injured patients and clients who have suffered from negligent medical care can bring a claim in court for compensation for their injuries. However, Louisiana laws impose short and strict time limits when it comes to bringing a medical malpractice claim, so victims of medical malpractice only have a short window to assert their rights to compensation. But how short is the statute of limitations on medical malpractice claims in Louisiana? Here are the ins and outs.
The Statute of Limitations in Louisiana Medical Malpractice Cases – A Short Window for Justice
Many people may be surprised to learn that there is a limited time to file a claim for medical malpractice damages in Louisiana. However, under Louisiana law, “No action for damages or injury or death against any physician, chiropractor, nurse, licensed midwife practitioner, dentist, psychologist, optometrist, hospital or nursing home duly licensed under the laws of this state, or community blood center or tissue bank…whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought unless filed within one year of the date of the alleged act, omission, or neglect, or within one year from the date of the discovery of the alleged act, omission, or neglect; however, even as to claims filed within one year from the date of such discovery, in all events such claims shall be filed at the latest within a period of three years from the date of the alleged act, omission, or neglect.” At first blush, the law can seem confusing because there is both a one-year statute of limitations and then another provision establishing a three-year limitation. However, simply put, under Mississippi medical malpractice laws, a victim of medical malpractice has one year from the date of the act of malpractice or the date they discover the malpractice to bring a claim for compensation in court. However, in no case can a person bring a medical malpractice claim after three years from the date of the actual act of medical malpractice.
Help for Victims of Medical Malpractice in Louisiana
If you are the victim of medical malpractice in Louisiana, contact the experienced Louisiana personal injury lawyers at Lunsford Baskin & Priebe. The experienced personal injury lawyers at Lunsford Baskin & Priebe offer a free and confidential consultation to learn about your case and to see if they can help. Contact Lunsford Baskin & Priebe and speak to a lawyer about your case today for free.
