Common Defenses to Medical Malpractice Claims in Louisiana

By Craig Sabottke

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Uncategorized

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Last Modified on Aug 16, 2026

A medical malpractice claim can have devastating consequences on the career you have worked so hard for, on your reputation, and your financial future. This complex and stressful legal process is much easier for medical professionals when they understand the process and the common defenses to medical malpractice claims in Louisiana.

What Has to Be Proven in a Medical Malpractice Civil Claim?

The person who files the medical malpractice claim, the plaintiff, must first file a case with the Medical Review Panel in Louisiana before they can file a civil claim. The panel assesses the evidence to determine if it is likely that the medical provider failed to meet the professional standard of care. In a civil claim, the plaintiff must prove the following:

1. Duty: There was a doctor-patient relationship, so the medical provider owed the patient a duty of care.
2. Breach: The medical provider either did not have the knowledge and skill needed to meet the professional duty of care expected in their field, or had the knowledge and skill and failed to apply it.
3. Cause: This failure was a proximate cause of the injury the patient suffered.
4. Damages: The patient’s injury caused them actual damages. This includes additional medical treatment costs, lost income during physical recovery, and other recognized losses.

There were 260 payment reports for medical malpractice in Louisiana in 2025, according to the National Practitioner Data Base. They totaled $88.34 million. Two hundred and nine of the reports were against physician MDs. If your career is threatened by a claim, you need to understand your options for defense.

Defenses to Medical Malpractice Claims in Louisiana

There are several potential defenses to medical malpractice claims in Louisiana, although the right one will be entirely dependent on your specific case. A defense might include:

Following the Standards of Care

The plaintiff has to prove that you did not meet the standards of care. While they have the burden of proof, you can gather evidence to show how you did meet the standards of care for providers in your field and with your level of knowledge. You can also demonstrate how you used reasonably expected care and diligence when providing medical care, as well as your better judgement. This can prove that you were not negligent and therefore cannot be held liable.

Informed Consent

When medical providers prescribe treatment or conduct procedures, it’s important to secure informed consent. If a medical provider has informed the patient of the potential risks of treatment, and the patient agreed to the treatment, then those known risks occurring are likely not the basis for a medical malpractice case.

The defense prevents medical providers from being held liable for the reasonably expected risks of procedures, but is not a defense for failure to provide competent care. Raising an informed consent defense can work, but the plaintiff may work to prove that their injuries or other harm were caused by negligent care, instead.

Lack of Causation

In Louisiana, a medical provider’s failure to exercise a reasonable and professional standard of care must be a proximate cause of the plaintiff’s injury for a successful medical malpractice case. If there is no proof that the medical care caused the injury, it is much harder for a medical malpractice case to succeed.

This defense may present evidence like a condition that already existed, a complication that a medical provider reasonably could not have known about, or the patient’s failure to follow their medical care instructions after a procedure.

Louisiana Statute of Limitations Expiration

Medical malpractice claims have to be filed within one year of the alleged action occurring. If the patient did not discover the injury until a later date, they have a year from discovery, but still must file within three years of the action occurring. Missing this deadline means the statute of limitations, or prescriptive period, has expired, and they are barred from recovery.

FAQs

What Are the Defenses to a Medical Malpractice Action?

There are several defenses to a medical malpractice action, usually revolving around preventing the plaintiff from meeting their burden of proof. A medical provider may provide proof that they did not breach the expected and reasonable standard of care, or argue that there is no proof that their actions were the primary cause of the plaintiff’s injuries.

What Is the Hardest Element to Prove in a Medical Malpractice Case?

The hardest element to prove in a medical malpractice case will depend on the case, but it is often hardest to prove that the medical provider breached the duty of care they owed the patient. The party filing the claim must prove that the provider failed to meet the professional standard of care. If others in your same position with your level of knowledge would have made the same mistake, it likely will not be considered malpractice.

What Are the Odds of Having a Successful Malpractice Civil Claim in Louisiana?

If someone has filed a malpractice civil claim against you in Louisiana, the odds of success depend on the case. You generally have better odds of success, but not always. If the other party’s case has substantial evidence to prove the elements of malpractice, it’s important that you also have evidence to prove your side of things. It can be hard to succeed, but it is much easier to protect your interests when you work with an experienced medical malpractice defense lawyer.

When Should You Hire a Medical Malpractice Lawyer for Medical Malpractice Defense?

You should hire a medical malpractice lawyer for your medical malpractice defense as soon as you are aware of a complaint or a claim being filed against you. The sooner you get support, the sooner your attorney can take action to protect your rights and your reputation. Early steps may even prevent a case from going to court. An attorney can work quickly to build a case and protect your professional reputation as well as your legal rights.

Louisiana Medical Malpractice Attorney at Watson, Blanche, Wilson & Posner, LLP

You need a strong defense team to build the right defense. At Watson, Blanche, Wilson & Posner, LLP, we have more than 50 years of legal experience, much of which is in complex medical malpractice and professional liability cases. We have experience handling cases in the 19th Judicial District Court serving Baton Rouge, as well as many other courts throughout Louisiana. Contact us today.