Baton Rouge, LA – The daughter of Louisiana state Senator Ryan Gatti passed away recently due to medical malpractice.
According to The Times, Rebecca Leigh Gatti, age 10, passed away in her sleep recently due to brain injuries sustained from medical malpractice a little over 10 years ago.
Gatti created Senate Bill 78 in 2016; appropriately nicknamed “Rebecca’s Law,” the bill would have increased the amount of compensation able to be recovered from Louisiana medical malpractice claims for brain injuries inflicted on a child to $5 million dollars. In order for this bill to pass, either a jury or a medical review panel needs to unanimously approve it.
Currently, the cap for the amount one can recover for medical malpractice claims in Louisiana for either injury or death of a patient is at $500,000.
Referencing a member of the Gatti family’s blog posts, The Times says that while “Rebecca’s Law” will not be able to help Rebecca anymore, it will increase safety in hospitals by making sure the appropriate standards are upheld.
The blog post from the Gatti family member comments on the bill by saying that even though Rebecca will no longer have a voice, “she is a voice for other children like her,” including children who have yet to be born.
As of today, the bill is in the status referred to as “subject to call” for final Senate passage. Ultimately, this means that when approved by a majority of the members, it could have been returned to the calendar.
When it comes to medical malpractice laws, Louisiana definitely has it’s own way of doing things. For starters, Louisiana is the only state to define itself as a civil law state instead of a common law state; essentially, this means that there is heavier weight placed on an individual judge’s interpretation of laws compared to other states.
Here are some other important facts you should know about medical malpractice laws in Louisiana:
Statute of Limitations
All medical malpractice claims in Louisiana must be filed within one year from the date of the medical malpractice discovery. Also, wrongful death cases must be filed within one year of the person passing; while the aforementioned is commonly accepted as standard, Louisiana courts tend to disagree on whether or not this applies to wrongful death cases resulting from medical malpractice.
Patient Compensation Caps
Current Louisiana damage caps for medical malpractice cases are: maximum of $100,000 plus interest per patient per incident regarding recovery against a qualified health care provider, and maximum of $500,000 plus the cost of any future medical expenses. In the state of Louisiana, there is an established Patient’s Compensation Fund that will cover all state health care providers, meaning public hospitals and corresponding physicians. If private health care providers want to join the fund, they must first meet various requirements.
Medical Malpractice Attorneys in Louisiana
It’s no surprise that medical malpractice laws, especially in Louisiana, can be difficult understand. Because of this, experienced Louisiana medical malpractice lawyers will be your best bet in order to ensure you navigate the legalities of your case in the most favorable way possible. The Bowling Law Firm has over 33 years of experience in the courtroom handling medical malpractice cases in Louisiana.
Our medical malpractice attorneys in Baton Rouge will be able to determine whether or not a patient’s injury or death was the result of a negligent health care provider, and what compensation you may be entitled to.
If you have suffered medical malpractice in Baton Rouge, contact The Bowling Law Firm at 877-757-3539 in order to speak with one of our qualified medical malpractice lawyers in Louisiana.