The Statute of Repose (& Why It Makes Life Unfair for Malpractice Victims)

Medical malpractice destroys the lives of those who are forced to experience it. When medical malpractice harms a person instead of helping them, debt builds, the patient loses the ability to work, and their quality of life is damaged. Fortunately, the justice system enables those who experience medical malpractice to hold responsible parties accountable for their suffering.

What is Louisiana’s Statute of Repose?

Many people are familiar with the concept of a statute of limitations. This law places a specific requirement on the amount of time in which a person must file a civil claim. In the State of Louisiana, the statute of limitations for medical malpractice is one year. This one-year limit begins on the day that the healthcare provider performed the negligence they are being accused. In rare instances, the statute of limitations can apply to the date of discovery instead of the day of the actual incident.

The statute of repose becomes most relevant when a person discovers that they were a victim of medical malpractice more than a year from the date of their treatment. While the statute of limitations can start on the date of the discovery, no lawsuit or claim may be made by a patient if the discovery occurs more than three years after the date of the alleged malpractice. The statute of repose dictates this three-year limit.

The statute of repose is frustrating and unfair for victims of medical malpractice who do not discover their situation for many years. In some cases, an individual may have received a faulty medical device that took longer than the statute of repose to fail. In other cases, a patient can take years to have issues from their medical malpractice diagnosed, making them unable to file a claim on time.

Call Our New Orleans Personal Injury Lawyers Today

If Louisiana’s statute of repose sound unjust to you, it’s because it is. Unfortunately, the statute of repose provides a layer of protection for those who should not be allowed to get away with neglectful behavior. No matter how much pain a person is in, no matter how much their quality of life has been changed, and no matter how much they are suffering, the statute of repose prevents them from obtaining justice. Medical diagnosis takes time, effort, and resources that are sometimes not able to be accomplished within a specific time limit.

If you even suspect that you are a victim of medical malpractice, it is essential that you call the New Orleans personal injuries attorneys at Tony Clayton & Associates today. Once contacted, our team will evaluate your case from every possible angle and begin building a strategy for your claim. We will use 25 years of legal experience to investigate your options, and our team will take the right steps to ensure that the statute of repose does not rob your ability to receive compensation.

Don’t wait for the statute of repose to unfairly prevent your claim! Call our legal team today at (504) 608-3211. Our New Orleans personal injury attorneys are ready to fight for your recovery today!