If you are a Louisiana resident who has suffered injury or other loss due to the negligence of a doctor, nurse or health care facility, you deserve to be compensated. When considering whether or not to bring a medical malpractice suit, be aware that your case must be submitted to the Medical Review Panel prior to going to court.
The Louisiana Division of Administration explains that the Medical Review Panel consists of three health care providers and one attorney. The attorney cannot vote, but rather serves as chairman of the panel and has the following duties:
- To convene the panel
- To expedite selection of the three health care providers
- To establish the schedule of evidence submission
The Division of Administration has 30 days after you file your claim to do the following:
- Let you know that your claim has been received
- Determine if the person and/or institution against whom you are claiming is a qualified Louisiana public health care provider
- Determine what filing fee has been paid or is owing
- Notify your named defendant(s) of your claim
Once you receive notification that your claim has been received, you have 30 days in which to notify both the Panel chairman and the defendant(s) of your choice of a health care provider to serve on the Panel. The defendant(s) has 15 days to select his, her, or their health care provider to serve on the Panel. The two selected health care providers choose the third. All licensed Louisiana physicians who are actively engaged in practice are available for selection by you, the defendant(s), and the Panel itself.
While this information should not be taken as legal advice, it can help you understand the process and what to expect.