Malpractice is the negligent failure of licensed professionals to meet the standards of practice of the profession to which they belong. Medical malpractice occurs when patients are seriously injured because healthcare providers and medical facilities fail to meet the standard of good medical practice in the areas in which they specialize. A healthcare provider may be a doctor, nurse, physical therapist or other individuals assisting with the treatment of patients under the direction of a licensed professional.
Under the Louisiana Medical Malpractice Act, all medical malpractice claims against qualified health care providers must initially be brought before a medical review panel. This panel is comprised of three physicians who render findings as to whether or not there has been a breach of the appropriate standard of care. Only after the medical review panel issues its findings, can an injured party then file his or her claim in a traditional court of law. In Louisiana, there are also limits on the amount that can be recovered from a negligent health care provider. By consulting a licensed attorney, you can receive a consultation regarding this often complicated area of law.