medical malpractice

Question 1

what’s the first step in a med mal claim

Answer 1

determine whether the hospital or physician is a qualified health care provider (“QHCP”)

Question 2

what’s the effect of the doctor or hospital qualifies as a QHCP

Answer 2

it will determine the procedure and standard to apply to the case

Question 3

how does one become a QHCP

Answer 3

1. must obtain $100K of private insurance
2. be a licensed health care provider in La.
3. pay the fees associated with the statute

Question 4

what are the benefits if someone or an entity is considered a QHCP

Answer 4

1. damages are capped at $500K –exclusive of future medical expenses
2. they are responsible for the first $100K, while the Patient Compensation Fund pays damages beyond that

Question 5

what is the proper procedure for plaintiff if they are dealing with a QHCP

Answer 5

file a claim and request a medical panel review consisting of 3 medical professionals of the same specialty and class and 1 nonvoting attorney chair

opinions issued by the panel serve as expert opinions in future litigation

Question 6

if the doctor does or hospital does not qualify as a QHCP, then where must plaintiff file their claim

Answer 6

in the appropriate district court without going through the review panel

Question 7

what are the basic elements that the plaintiff must fulfill to establish a medical malpractice claim and recover damages

Answer 7

1. the standard of care applicable to the defendant health care provider
2. breach of standard of care by defendant health care provider
3. cause-in-fact between the breach and damages suffered
4. legal cause
5. actual damages

Question 8

what is the standard of care applicable to the defendant health care provider

Answer 8

it is a customary standard where professionals must exhibit that level of care established by a duly licensed professional in the same (QHCP) or same or similar (non-QHCP) community

Question 9

what is the standard of care applicable to the defendant health care provider if he specializes in something

Answer 9

when defendant practices a particular specialty and where alleged acts of malpractice raise issues peculiar to the particular specialty involved, then plaintiff has the burden of proving the degree of care ordinarily practiced by duly licensed professionals within the involved specialty

Question 10

how does plaintiff establish a breach of the standard of care

Answer 10

defendant lacked degree of knowledge and skill or failed to use reasonable care and diligence, along with his best judgment in the application of that skill

must be established by expert testimony

Question 11

how is cause-in-fact usually measured

Answer 11

the but for standard

Question 12

how is legal cause established

Answer 12

that as a proximate result of lack of knowledge or skill or failure to exercise this degree of care the plaintiff suffered injuries that would not have otherwise been incurred