If you were injured by a negligent medical professional in Louisiana, you may be entitled to recover compensation for your damages. However, the Louisiana Medical Malpractice Act mandates a special legal process for filing a claim against a healthcare provider.
A medical malpractice injury victim must first present their claim to a Medical Review Panel (MRP), which will render its opinion on the claim’s validity. While the MRP’s opinion is not legally binding, it heavily influences settlement negotiations and trial outcomes.
These cases are complex and challenging. Medical malpractice injury victims need the help of an experienced medical malpractice attorney to protect their rights through meticulous preparation and aggressive advocacy.
At Anderson Blanda & Saltzman, our Lafayette personal injury attorneys have the experience, skills, and resources to help you achieve your best outcome. We will fight tirelessly to recover maximum compensation for you.
Call (337) 233-3366 or visit our contact page to schedule a free consultation to discuss your Louisiana medical malpractice claim.
How the Louisiana Medical Review Panel Process Works
Unless all parties agree to waive the medical review panel, the process includes:
Filing a Request. A medical malpractice injury victim must first file a written request to the Louisiana Division of Administration (DOA) asking for a review of their claim and pay a filing fee to the DOA. The DOA provides a request form.
However, you may choose to submit your own request rather than using the form. Just be sure to include:
- A statement that the document is a request for the formation of a medical review panel.
- The full names of the patient.
- The full names of the claimants or plaintiffs.
- The full names of the defendant health care providers.
- The dates of the alleged malpractice.
- A short description of the alleged malpractice as to each named defendant.
- A specific description of alleged injuries.
Forming the Panel. The panel is made up of three healthcare providers and one attorney. The claimant has the right to choose one provider, and the defendant(s) have the right to choose one. These two providers will choose a third member. The attorney chairman should be mutually chosen by the claimants and defendants.
Submit the evidence. The claimants and defendants will submit their evidence, including medical records, deposition transcripts, and expert opinions, to the panel. The panel will then review and consider the evidence submitted to form an opinion regarding whether the health care provider(s) breached the standard of care.
The Panel’s Opinion. The medical review panel will issue a written opinion that may state that the defendant(s) breached the standard of care, that no breach occurred, or that there are issues that must be determined by the court.
What Happens After the Medical Review Panel Renders an Opinion?
While the opinion of the Medical Review Panel is significant, it is not the final resolution of your claim. If the medical review panel renders an opinion that no breach occurred, you still have the right to file a lawsuit in district court.
Proving your case at trial will be challenging, and Louisiana caps available damages in medical malpractice cases. You need the assistance of an experienced medical malpractice attorney to help you recover maximum compensation.
Schedule a Free Consultation With an Anderson Blanda & Saltzman Medical Malpractice Attorney
If you or a loved one has been injured by the negligence of a healthcare provider, you may be entitled to recover compensation for your injuries. However, Louisiana medical malpractice claims are complex and challenging.
Don’t face this challenge alone. Get the help of an experienced medical malpractice attorney with a proven record of recovering maximum client compensation.
Our accident attorneys in Lafayette have the resources, skills, and experience to help you recover every dollar you are entitled to. Call (337) 233-3366 or visit our contact page to schedule a free consultation to discuss your medical malpractice claim.