Best Professional Malpractice Lawyers in Louisiana

About Professional Malpractice Law in Louisiana, United States

Professional malpractice in Louisiana generally refers to negligence or misconduct by a professional that results in harm to a client or patient. It most commonly involves professionals such as doctors, nurses, dentists, lawyers, accountants, architects, and engineers. In Louisiana, professional malpractice claims usually arise when a professional fails to exercise the level of skill, care, or diligence that is generally expected from someone in their profession, and this failure causes harm or loss to another person. The laws in this area exist to hold professionals accountable and to provide remedies for those injured by substandard services.

Why You May Need a Lawyer

If you believe you have been harmed by the actions or omissions of a professional in Louisiana, consulting with an attorney can be crucial. Common situations requiring legal help include misdiagnosis by a medical provider, surgical errors, legal malpractice by an attorney who mishandles a case or misses a deadline, accounting errors leading to financial losses, and breach of duty by engineers or architects resulting in unsafe structures. Professional malpractice cases are complex and require in-depth knowledge about local laws, procedural requirements, and the standard of care applicable to each profession. A lawyer can help evaluate your claim, gather evidence, navigate strict deadlines, and represent your interests in negotiations or court.

Local Laws Overview

Louisiana’s laws on professional malpractice have several unique characteristics:

• Louisiana employs a “Medical Review Panel” system for medical malpractice claims, requiring most such cases to be reviewed by a panel of physicians before proceeding to court.
• The statute of limitations for most malpractice cases is referred to as the “prescriptive period.” In Louisiana, this period is generally one year from the date of the alleged malpractice or from the date the injury was discovered, but never more than three years from the act or omission.
• The state imposes certain caps on damages in medical malpractice cases, typically limiting total recovery to $500,000, excluding future medical expenses.
• In legal malpractice, clients must usually show that the lawyer’s error actually caused harm, often by proving that they would have won the underlying case but for the lawyer’s actions.
• Professional malpractice cases often require expert testimony to establish the standard of care and to show how it was breached.

It is important to note that requirements can vary depending on the profession, so specific guidance from a lawyer familiar with Louisiana malpractice law is vital.

Frequently Asked Questions

What is considered professional malpractice in Louisiana?

Professional malpractice occurs when a licensed professional breaches their duty of care or standard practices, resulting in harm or losses to a client or patient.

What kinds of professionals can be sued for malpractice in Louisiana?

Doctors, nurses, dentists, lawyers, accountants, architects, engineers, pharmacists, and other state-licensed professionals can be subject to malpractice claims.

How do I begin a medical malpractice claim in Louisiana?

You must first submit your claim to a Medical Review Panel, which evaluates whether the healthcare provider failed to follow accepted standards. Only after this process can you usually file a lawsuit in court.

How long do I have to file a malpractice lawsuit in Louisiana?

Generally, you have one year from discovering the malpractice, but no more than three years from the date of the actual act or omission.

Is there a monetary limit on damages in malpractice cases?

Yes, in medical malpractice cases, Louisiana generally caps damages at $500,000, excluding costs of future medical care.

What evidence do I need for a malpractice claim?

You will likely need detailed records, evidence of harm, and expert testimony to prove the standard of care was breached.

Can I sue a professional without a lawyer?

While it is possible to sue on your own, malpractice cases are complex and often require expert witnesses and deep legal knowledge. Hiring a lawyer is strongly recommended.

What if I discovered the harm years after the malpractice occurred?

The “discovery rule” may allow you to file a claim within one year of discovering the harm, but never more than three years after the malpractice occurred.

Will my case go to trial?

Many malpractice cases settle before trial, but if a settlement cannot be reached, your case may proceed before a judge or jury.

What happens if the professional does not have insurance?

A successful claim against an uninsured professional can be more difficult to collect. Your attorney can help identify all possible sources of compensation.

Additional Resources

• Louisiana State Bar Association - Can help you find qualified lawyers experienced in malpractice cases.
• Louisiana Patient’s Compensation Fund - Manages claims and compensation related to medical malpractice.
• Louisiana Department of Insurance - Provides information on professional liability and insurance requirements.
• Louisiana Attorney Disciplinary Board - Handles complaints and provides information on attorney misconduct.
• Office of the Louisiana Attorney General - Offers consumer protection information and resources for complaints against professionals.

Next Steps

If you believe you have a professional malpractice case in Louisiana, consider these steps:

• Gather all documents, records, and correspondence related to the potential malpractice.
• List details, dates, and any conversations regarding the incident or service provided.
• Contact a Louisiana attorney who has experience in professional malpractice. Ask about a consultation to review your case.
• Be prepared to discuss the harm you suffered and any expenses or losses you have incurred.
• Follow the advice of your lawyer for next actions, which may include filing with a review panel, sending a demand letter, or preparing a lawsuit.

Professional malpractice claims can be complex, and time limits are strict. It is important to act quickly and seek qualified legal help if you think you have been harmed by the actions of a professional in Louisiana.