Medical Malpractice Lawyer in Ruston, LA

Filing Deadlines for Ruston Medical Malpractice Claims

Louisiana uses the term “prescription” rather than “statute of limitations” to describe the deadline for filing a medical malpractice claim, but the consequence is the same. Under Louisiana Revised Statutes section 9:5628, a claim must generally be filed within one year of the alleged act or omission. The discovery rule adjusts the one-year clock to begin from the date you discovered the harm, or reasonably should have discovered it, not the date the error occurred.

Regardless of when discovery happens, no claim may be filed more than three years from the date of the alleged malpractice. Louisiana treats this three-year period as a strict outer deadline, and courts apply it with very limited exceptions. 

When a death results from medical negligence, the family has one year from the date of death to file. Missing any of these deadlines can end the case, regardless of how strong the underlying claim is.

Louisiana’s Medical Review Panel Requirement

Before a medical malpractice lawsuit can be filed in court, Louisiana law requires most claims to go through a medical review panel. 

• The panel consists of three licensed healthcare professionals and one attorney. 
• The goal is to evaluate whether the evidence supports the claimant’s allegations. 
• A panel opinion isn’t a final ruling on liability. It’s an initial assessment, and either side may still proceed to court afterward.

Filing a request for panel review pauses the running of the prescription period while the review is pending. 

After the panel issues its opinion…

• the deadline remains paused for an additional 90 days; 
• within 45 days of confirmation that the request was received, a filing fee of $100 per defendant is required; 
• failure to pay can affect the tolling. 

If the panel doesn’t issue an opinion within 12 months of the attorney chairman’s selection, the claimant may generally file a lawsuit without waiting further. 

Types of Medical Negligence & Who Can Be Held Responsible

Louisiana defines medical malpractice broadly under Louisiana Revised Statutes section 40:1231.1 as any unintentional tort or breach based on healthcare or professional services rendered by a licensed provider. More than one party can bear responsibility where multiple providers contributed to the same injury.

Responsibility can fall on a doctor, nurse, anesthesiologist, hospital, or other licensed provider. A hospital may be liable when a staff member causes harm, and the facility failed to act on known problems, including inadequate provider credentialing. 

Proving a claim requires establishing four elements: 

1. a doctor-patient relationship existed, 
2. the provider deviated from the accepted standard of care, 
3. that deviation caused the injury, and 
4. the injury produced damages. 

Medical expert testimony is typically required to establish the standard of care.