Does Louisiana Medical Malpractice Law Hurt Patients?

The state of Louisiana has a reputation for its unique and vibrant approach to life. However, some aspects of Louisiana medical malpractice law, while unique among the other states, can leave patients seeking justice for medical mistakes at a severe disadvantage. A recent article in the online version of the New Orleans Times-Picayune examined how Louisiana medical malpractice law affected the 2011 case of an eight-year-old girl who died from swine flu, and how some antiquated laws may have denied her mother a large jury award.

Louisiana Medical Malpractice Law And Award Limits

The Times-Picayune piece looked at the case of Chela Butler, an eight-year-old girl who died from swine flu in 2009. The girl’s mother, Lakisha Butler, won an $8 million award after a jury ruled that the girl’s pediatricians were liable for misdiagnosing her sore throat. Despite the award, a 1974 Louisiana medical malpractice law limits non-economic damages to $500,000. The Louisiana medical malpractice law has not updated the award limits to account for more than 40 years of inflation.

Louisiana Medical Malpractice Law And Review Boards

With 1,600 patient complaints per year and 23,000 licensed health care professionals, Louisiana has one of the highest complaint rates in the country at nearly seven percent. Louisiana medical malpractice law requires that these complaints go before a medical review board before they can be filed in court. The review board consists of three physicians with expert knowledge in the field under review, as well as a non-voting attorney who chairs the panel. According to data compiled by the Times-Picayune, the review panels have sided with the patients in only seven percent of the cases since 2000.

Louisiana Medical Malpractice Law And Patient Payouts

Despite the limits on damages and the stringent review board process, Louisiana medical malpractice law also allows patients to claim unlimited coverage for future medical expenses. The state pays out $22.5 million annually for continuing medical bills of 180 patients across the state. However, some patients have complained that Louisiana medical malpractice law, in the form of the state’s Patient’s Compensation Fund Oversight Board, has placed increasing restrictions on which expenses the state’s compensation fund will cover.

Louisiana Medical Malpractice Law And Medical Licenses

Even if a physician or health care provider has numerous judgments against them, Louisiana medical malpractice law does not have a provision for automatic revocation of that practitioner’s medical license. A report from the Louisiana State Board of Medical Examiners shows that only 27 physicians have lost their medical licenses in the last decade. Dr. Cecelia Mouton, the state board’s executive director, stated that the revocation of a practitioner’s medical license is “reserved for the most egregious case(s)” of malpractice.

Source: NOLA.com

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