TODO: attorney to verify all legal statements on this page, including the malpractice deadlines and Medical Review Panel requirement.
Legal malpractice
In Louisiana, legal malpractice occurs when an attorney’s conduct falls below the standard of care that a reasonably competent attorney would follow in the same or similar circumstances, and that conduct causes harm to the client.
Elements of a legal malpractice claim
- Attorney-client relationship. A formal or implied relationship existed, creating a duty of care.
- Breach of duty. The attorney fell below the accepted standard of care, for example by missing deadlines, giving incorrect or misleading advice, misusing client funds, or failing to conduct adequate discovery.
- Causation. The attorney’s actions or inactions caused the harm. This often means showing that, but for the negligence, the client would have had a better outcome.
- Damages. The client suffered actual harm or financial loss.
Deadlines for legal malpractice claims
The old page stated that a legal malpractice claim must be filed within one year from when the client discovered or should have discovered the negligence, and no later than three years from the act.
If you suspect legal malpractice
- Document everything. Keep all communications, documents and records related to your attorney and the underlying matter.
- Get a second opinion. Have an independent attorney review your case.
- Act quickly. The deadlines are short.
What you may recover
- Out-of-pocket losses, such as lost settlements or judgments and extra legal fees
- Fees paid to the negligent attorney
- Lost profits or earnings
- In limited cases, damages for emotional distress
Medical malpractice
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse or hospital, falls below the standard of care that a reasonably prudent provider would follow in the same or similar circumstances, and that failure causes injury to the patient.
Elements of a medical malpractice claim
- Standard of care. The provider was expected to follow the procedures a reasonably prudent provider in the same specialty would follow.
- Breach. The provider fell below that standard, for example through misdiagnosis or delayed diagnosis, surgical errors, wrong medication, or failure to provide appropriate treatment.
- Causation. The breach caused the patient’s injury.
- Damages. The patient suffered actual harm.
The Medical Review Panel
Most medical malpractice claims in Louisiana must first be presented to a Medical Review Panel, made up of healthcare providers and an attorney, before a lawsuit can be filed in court. The panel reviews the evidence and gives an opinion on whether the provider met the standard of care.
Deadlines for medical malpractice claims
The old page stated that a claim must be filed within one year from the act or from discovery of the injury, and no later than three years from the date of the act.
If you suspect medical malpractice
- Get medical care. See another provider to prevent further harm.
- Gather records. Keep medical records, bills and communications with your provider.
- Document your experience. Keep notes on your symptoms, treatment and how the injury affects your daily life.
- Talk with an attorney. The deadlines are short.
What you may recover
- Past and future medical expenses
- Lost earnings
- Pain and suffering
- Costs of long-term care or rehabilitation