How is a medical malpractice claim handled after it is filed?
Once the claimant files the medical malpractice complaint, a number of responsibilities and time-sensitive deadlines are triggered. Included below are an overview and/or outline of illustrative (but not exclusive) responsibilities and deadlines that govern claims filed: Louisiana Revised Statute 40:1299.39 – Administrative Procedural Outline Duties of the Commissioner of Administration Within 30 days of receipt of the claim: 1. Confirm to the claimant that the claimant’s complaint has been received. 2. Determine whether the defendant is or is not a qualified public health care provider with State of Louisiana. 3. Determine amount of filing fee owed or paid. a. If filing fee not paid, acknowledge claimant, advise of qualifications, request payment of filing fees and diary for forty-five (45) days for money to be collected from claimant or affidavit or forma pauperis ruling. b. If filing fee paid, acknowledge claimant and advise the Office of Risk Management in order for an attorney to b
