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Schwalben Law Firm
Lee M. Schwalben, M.D.,J.D.,LLC

Admitted to practice in law Louisiana, New York and *Florida

Lake Charles
337-494-5757

BATON ROUGE
225-763-7777

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Schwalben Law Firm

Lee M. Schwalben, M.D.,J.D.,LLC

Admitted to practice in Louisiana, New York and *Florida

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State seeks to change medical malpractice laws

On Behalf of | Apr 20, 2017 | Firm News, Medical Malpractice | 0 comments

Louisiana residents deserve to feel confident in the quality of care they receive from doctors or other health care professionals. When concerns about care quality surface, it is equally important that people know they have the right to seek help and compensation. That is what medical malpractice suits are all about.

Current Louisiana law puts limits on how much money a patient can receive in damages from a medical malpractice claim. The law also outlines very strict parameters as to when a case may be filed or must be filed by. Details about who is allowed to participate in a medical review panel for these cases are also dictated by the current law. All of these things may be changed if state lawmakers approve two bills currently making their way through the legislature.

Regarding damage awards, the current $500,000 limit is requested to be increased to $1 million. Instead of being limited to filing claims about medical errors within 12 months of the incident or when the incident is discovered, patients would have 18 months to bring forward actions. A maximum of five years would be allowed for the initiation of new claims as opposed to only three years under current law. Review panel members would be restricted based upon their proximity to or knowledge of the defendant so as to limit any personal bias in cases.

When needing help to pursue a medical malpractice case, it may be useful to talk with a lawyer to learn more about the laws in these situations.

Source: NOLA.com, “Raise $500,000 cap on Louisiana medical malpractice damages? Not so fast, legislators say,” April 14, 2017

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