Extract Data From Legal Louisiana Malpractice Forms For Free

Medical Malpractice Caps in Louisiana If you are filing a claim for medical negligence, you will be limited to a cap of $500,000 in total damages per claim per person.

Any awards related to actual past or future medical costs, however, are not limited. The $500,000 cap on damages was reaffirmed by the State Supreme Court just a few years ago. Another important component to malpractice suit payouts is the participation of the Louisiana Patient Compensation Fund.

Caps on punitive damages can be as high as four times the amount of compensatory damages. However, if the defendant's negligence was so harmful or if the harm suffered by the plaintiff is greater than the punitive damages they asked for, awards can be much greater than four times the compensatory damages.

§ 5106 limits damages recoverable from a government agency to only $500,000. This could come into play when someone suffers a fall in a public park or is hurt in a car accident caused by a municipal employee.

The statute of limitations for medical malpractice in Louisiana is one year from the date of your original incident. If you find out about your medical malpractice at a later date, then the time limit for you to file your medical malpractice claim starts from that specific date.

The average payout in a medical malpractice lawsuit in the U.S. is somewhere $242,000, as we said above. The median ? as opposed to the average ? value of a medical malpractice settlement is $250,000. The average jury verdict in malpractice cases won by the plaintiff is just over $1 million.