In Louisiana medical malpractice actions, the plaintiff has the burden of proving: (1) the degree of knowledge or skill possessed or the degree of care ordinarily exercised by physicians, dentists, optometrists, or chiropractic physicians licensed to practice in the state of Louisiana and actively practicing in a similar community or…
In a Louisiana medical malpractice action against a Louisiana physician, a person may qualify as an expert witness on the issue of whether the physician departed from accepted standards of medical care only if the person is a physician who meets all of the following criteria: (a) He is practicing…
In Pfiffner v. Correa, 9400924 (La.10/17/94), 643 So.2d 1228, 1234, the Louisiana Supreme Court recognized that expert testimony is not always required for a plaintiff to meet his/her burden of proof required by La.R.S. 9:2794 in a Lousisiana medical malpractice action where there is an “obvious act of malpractice”, but…
La. R.S. 9:2794(A)(3) requires the Louisiana medical malpractice plaintiff to prove that as a “proximate result” of the defendant’s failure to use the required degree of care, “the plaintiff suffered injuries that would not otherwise have been incurred.” In a situation where the patient dies, the Louisiana Supreme Court has…
In Turner v. Massiah, 94-2548 (La.8/30/95), 656 So.2d 636, the Louisiana Supreme Court stated: “If the damage, or injury, could have been divided into two parts, one part caused by one defendant and the other part caused by the other there would have been, in effect, two injuries,” 656 So.2d…
The Louisiana Supreme Court decision of Coleman v. Deno, 01-1517 (La.1/25/02), 813 So.2d 303, 315-16, sets forth the following six factors for determining whether a claim sounds in medical malpractice and must first be presented to a medical review panel: (1) whether the particular wrong is “treatment related” or caused…
Louisiana’s Uniform Consent Law, La. R.S. 40:1299.40, requires disclosure of the nature and purpose of a medical or surgical procedure, together with the known risks, if any, of death, brain damage, quadriplegia, paraplegia, the loss or loss of function of any organ or limb, or disfiguring scars. Thus, a competent…
In Hall v. Brookshire Brothers, Ltd., 02-2404 (La.6/27/03), 848 So.2d 559, the Louisiana Supreme Court held that the proper method for applying the comparative fault scheme is to apply the jury’s comparative fault finding prior to reducing the damages award to the cap on damages under La. R.S. 40:1299.42(B)(1). The…
Since 1976, medical malpractice claims against the State of Louisiana have been governed by the Malpractice Liability for State Services Act (MLSSA), sometimes referred to as the Public Act, found at La. R.S. 40:1237.1, et seq. The MLSSA generally provides for the limitation of liability and damages for medical malpractice…
The MLSSA, La.R.S. 40:1237.1, et seq., or Public Act provides a limitation or cap on recoverable damages for the injury or death of any patient of $500,000 plus interest and costs, exclusive of future medical care and related benefits (defined as all medical from date of injury) valued in excess…