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This guide focuses on Lafayette, Louisiana. Birth injury law is a part of medical malpractice law that addresses preventable injuries to a mother or baby that occur during pregnancy, labor, delivery, or immediately after birth. Common injuries include hypoxic-ischemic encephalopathy, cerebral palsy related to oxygen deprivation, brachial plexus injuries like Erb paralysis, skull fractures, shoulder dystocia complications, and untreated infections. When substandard medical care causes or worsens an injury, Louisiana law provides a path to pursue compensation.
If you are seeking help for a different Lafayette in the United States, the general concepts in this guide will still be useful, but deadlines, procedures, and damage limits may differ by state. Consider confirming the city and state with any attorney you contact.
Birth injury cases are complex. Medical providers, hospitals, and their insurers often defend these claims aggressively, and Louisiana has specific procedural steps that must be followed before a lawsuit can be filed. A lawyer can identify whether standards of care were breached, gather expert support, and protect your claim from strict filing deadlines.
Common situations where legal help is important include oxygen deprivation or fetal distress that was not timely recognized, delayed or improper decision to perform a C-section, mismanaged shoulder dystocia, improper use of forceps or vacuum, medication errors during pregnancy or labor, failure to treat maternal conditions like preeclampsia or infection, negligent neonatal care, and failure to obtain informed consent for procedures or risks.
Families also benefit from counsel to estimate lifetime costs of care, coordinate independent medical evaluations, and navigate insurance, early intervention, and special education services while a claim is pending.
Louisiana Medical Malpractice Act. Most birth injury claims in Lafayette fall under the Louisiana Medical Malpractice Act. Before suing a qualified health care provider, you must file a request for a medical review panel. A panel of three physicians reviews the claim and issues a written opinion. The opinion is admissible in court but is not binding.
Patient’s Compensation Fund. Louisiana maintains a Patient’s Compensation Fund for claims against qualified providers. If the provider is qualified, the provider is generally responsible for up to 100,000 dollars per claim, and the Fund may pay additional amounts up to the statutory cap as well as future medical care costs for qualified claims.
Damages cap. In claims against qualified providers, total damages other than future medical expenses are capped at 500,000 dollars. Future medical care reasonably necessary due to the malpractice is not subject to the cap and may be paid as incurred through the Fund.
Time limits. Louisiana law imposes a one-year period to bring a medical malpractice claim, usually running from the date of the alleged malpractice or from the date you discovered or should have discovered it. There is also a three-year outer limit that generally bars claims filed more than three years after the malpractice, even if the injury was discovered later. These time limits are applied strictly, including for minors, so act quickly. Filing a request for a medical review panel generally suspends the time limit until 90 days after the panel renders its opinion or notification is given.
Panel filing requirements. When you request a medical review panel, you must identify the providers and pay a filing fee per defendant, unless you qualify for a fee waiver based on inability to pay. Missing required fees or information can jeopardize your claim, so confirm requirements when you file.
Unqualified providers. If a provider is not qualified under the Act, you may be able to file suit directly in court without a panel. However, the same one-year and three-year time limits typically still apply to malpractice claims. A lawyer can determine whether a provider is qualified and which process applies.
Standard of care and experts. You must prove that the provider failed to exercise the degree of care ordinarily practiced by similar providers under similar circumstances and that this failure caused harm. Expert medical testimony is usually required to establish both the standard of care and causation.
Comparative fault. Louisiana uses pure comparative fault. Any award can be reduced by a percentage of fault attributed to a plaintiff or other parties. Comparative fault is generally not applied to infants, but defendants may assert fault of others, including non-parties.
Punitive damages. Punitive damages are generally not available in Louisiana medical malpractice cases unless a specific statute allows them. Birth injury claims typically involve compensatory damages only.
Claims involving government providers. If the birth occurred at a federal facility or involved federal employees, the Federal Tort Claims Act may apply, requiring a separate administrative claim within two years and other federal procedures. State and parish facilities and employees are generally covered by the Louisiana Act and the Patient’s Compensation Fund if qualified.
A birth injury is harm caused before, during, or shortly after delivery that is often preventable with appropriate care. A birth defect is typically a congenital condition that develops during pregnancy due to genetic or developmental factors and is not caused by medical negligence. Some conditions have overlapping features, so medical review is necessary.
Medical malpractice occurs when providers fail to meet accepted standards and that failure causes harm. Warning signs include unexplained oxygen deprivation, low Apgar scores with delayed response, prolonged labor without escalation, shoulder dystocia not properly managed, infections not treated promptly, or inconsistent medical records. An attorney will obtain records and consult independent experts to evaluate causation and fault.
Most claims must be initiated within one year of the malpractice or of discovering it, and no later than three years from the malpractice. Filing a request for a medical review panel is required for qualified providers and usually suspends the deadline while the panel reviews the case. Because these limits are strict, contact a lawyer as soon as you suspect a problem.
A medical review panel is a pre-suit process where three physicians review your claim and issue an opinion on whether the provider met the standard of care. For qualified providers, you must request a panel before filing a lawsuit. After the panel issues its opinion, you can proceed to court. The panel’s opinion can be used as evidence but does not decide your case.
Potentially responsible parties include obstetricians, midwives, nurses, anesthesiologists, neonatologists, and hospitals or clinics. Responsibility depends on who breached the standard of care and how employment or agency relationships affect vicarious liability.
Damages may include medical expenses, future medical and life care costs, therapy and special education, lost earning capacity, and pain and suffering. In claims against qualified providers, most damages are subject to the 500,000 dollar cap, but future medical care is not capped.
Yes, in almost all cases you will need one or more medical experts to explain the standard of care, how it was breached, and how that breach caused the injury. Your attorney will identify appropriate specialists and retain them to support your claim.
Expect many months to several years. The medical review panel process alone can take months. If the case proceeds to court, discovery, expert depositions, and trial scheduling add time. Many cases resolve through settlement, often after key expert opinions are exchanged.
Most birth injury lawyers work on a contingency fee, meaning you pay no attorney fee unless there is a recovery. Case expenses like expert fees are usually advanced by the firm and reimbursed from any recovery. Fee percentages and cost handling should be described in a written agreement.
Bring prenatal and delivery records if you have them, discharge summaries, NICU records, any imaging or test results, a timeline of events, names of providers and facilities, health insurance information, and documentation of therapies and diagnoses. If you do not have records, your lawyer can request them for you.
Louisiana Patient’s Compensation Fund and Medical Review Panel Division for panel requests and claim processing.
Louisiana Department of Health for hospital licensing information and patient resources.
Louisiana State Board of Medical Examiners and Louisiana State Board of Nursing for filing professional complaints.
Louisiana State Bar Association Lawyer Referral Service for connecting with licensed attorneys.
Acadiana Legal Service Corporation for civil legal assistance based on eligibility.
EarlySteps Louisiana for early intervention services for infants and toddlers with developmental delays.
Local hospitals and clinics in Lafayette Parish for obtaining medical records and care plans.
Do not delay. Because Louisiana imposes a one-year filing period with a strict three-year outer limit, early action is critical.
Document the timeline. Write down dates and details of pregnancy care, labor and delivery events, who was present, and what was said.
Request records. Secure prenatal records, fetal monitoring strips, labor and delivery notes, operative reports, neonatal records, and imaging. Keep copies in a safe place.
Consult an experienced birth injury lawyer. Ask about their experience with Louisiana medical review panels, the Patient’s Compensation Fund, and complex neonatal injuries.
Preserve evidence. Save communications, bills, insurance explanations of benefits, and therapy notes. Avoid signing releases or settlement documents without legal advice.
Support your child’s care. Continue medical treatment and early intervention services. A claim should never delay necessary care.
Confirm provider status. Your lawyer will determine whether each provider is qualified under the Act, whether a panel is required, and whether federal procedures apply.
Plan for costs. Discuss contingency fees, case expenses, and how future medical needs will be evaluated by life care planners and economic experts.
Stay informed. Ask your lawyer about the panel timeline, expert reviews, and opportunities for settlement or mediation.
If you believe a preventable birth injury occurred in Lafayette, Louisiana, reach out to a qualified attorney as soon as possible to protect your rights and your child’s future.
