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Birth injuries caused by medical negligence can have lifelong consequences for children and families across New Orleans and Orleans Parish. These are often the result of medical professionals failing to monitor, respond, or act in time during labor and delivery. Families in Central City, Tremé, and the Lower Ninth Ward are among the most underserved when it comes to advocacy after a medical failure. TopDog fights to get you every dollar your child deserves.
University Medical Center, Tulane Medical Center, and Children's Hospital New Orleans deliver babies and serve the communities where our clients live. We know these facilities, the standards they are held to, and how to hold them accountable when a birth goes wrong. Those failures cause real damage to children and New Orleans families and we fight to secure the future every child deserves.
Hospital systems and their insurers across Orleans Parish often use delay and denial tactics and work to make families feel like they have no case. Louisiana's Medical Review Panel requirement means the process must begin immediately. We know how to leverage the justice system in Louisiana courts to fight for your child's future.
IMPORTANT LOUISIANA LEGAL INFORMATION — BIRTH INJURY
Prescriptive Period: The Louisiana Medical Malpractice Act governs birth injury claims. Under La. Rev. Stat. § 9:5628(B), the prescriptive period applies to all persons, including minors and interdicts — there is no tolling for minority in medical malpractice cases in Louisiana. The deadline is 1 year from the date of the malpractice or 1 year from discovery, with a hard absolute 3-year deadline from the date of the malpractice.
Mandatory Medical Review Panel (Critical): A Medical Review Panel must be convened before any lawsuit can be filed. This process takes 12-24 months. The prescriptive period is suspended while the panel is pending. The panel must be initiated well before the apparent deadline.
Damage Cap: Total recovery capped at $500,000 per provider. Future medical care — which in birth injury cases can be very substantial — is paid by the Louisiana Patient's Compensation Fund and is NOT subject to the cap. Maximizing the future medical care component is essential.
Expert Testimony: Expert testimony from qualified OB/GYN and pediatric professionals is required.
This is a brief summary of commonly applied laws in the jurisdiction. There are often different laws that apply to different circumstances. Once you hire TopDog, your attorney will advise you on the applicable laws.
Insurance companies for hospitals may make early low offers and often use delay and denial tactics to make families feel like they have no case. Louisiana has no statutory cap on non-economic damages in birth injury cases — lifetime care costs, pain and suffering, and lost earning capacity are all fully recoverable. TopDog fights for the maximum recovery available.
Birth Injury | $7,210,714 avg | $19,200,000+ highest
Recoveries by TopDog Law and its co-counsel. Past results do not guarantee similar outcomes in your case.
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Call us or fill out our form — getting started takes about 5 minutes. Tell us what happened. We'll review your information and get back to you fast to discuss your case. No pressure.
Get medical attention and document everything — your health comes first. Keep records of every doctor visit, every bill, every day you missed work or could not do what you normally do.
Do not talk to insurance without us. They may use delay, deny, and lowball tactics from the moment you pick up the phone. Anything you say can be used to reduce what you are owed. Let TopDog handle them.
Time Is Critical
Louisiana's Medical Review Panel requirement means the process must begin immediately. Call TopDog now. This is a general summary — deadlines vary. Contact TopDog Law to confirm what may apply in your situation.
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