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Ray, Lawyer
Category: Legal
Satisfied Customers: 40654
Experience:  30 years in civil, probate, real estate, elder law
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I had a MIR yesterday and was given a contrast. Which I had

Customer Question

I had a MIR yesterday and was given a contrast. Which I had an allergic reaction too. I was unable to breathe and turned bright red. 911 was called, which took 10 minutes to respond. The hospital MRI had a crash cart, but the nurse could not find the Benadryl. I came real close to dying that day.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

I am so sorry you had this happen to you.I would consider a local lawyer here to sue for your injuries and trauma.This is inexcusable here and you deserve some justice.

These are contingent fee cases so you do not pay until there is recovery.This certainly may be professional malpractice.The doctor, employees, and facility may all be liable here.

Lawyer for you here

Louisiana has a dedicated statute of limitations for a such a suit, and it specifies that the injured patient must file their claim within one year of the healthcare provider’s alleged action (or failure to act) that forms of the basis of the case.

I appreciate the chance to help you today.I wish you the best here.

I also wish you and your family a happy holiday season.

Expert:  Ray replied 1 year ago.

Louisiana medical malpractice claims are divided into two categories:

(i) claims against private healthcare providers and
(ii) claims against public or state healthcare providers.

Claims against private healthcare providers are governed by the Medical Malpractice Act, (the "MMA"), La. R.S. 40:1299.41 et. seq, while claims against public or state healthcare providers are governed by the Malpractice Liability for State Services Act, (the "MLSSA"), which is found in La. R.S. 40:1299.37 et. seq. These laws, establish the substantive and procedural law relating to claims of medical malpractice.

Expert:  Ray replied 1 year ago.

Both laws provide that claims against "Qualified Healthcare Providers" are capped at $500,000, plus past and future medical expenses. This $500,000 cap applies not only to all non-economic damages like pain and suffering but also to claims for lost wages. The definition of Qualified Healthcare Provider is very broad to include virtually every type of individual or entity providing healthcare to people.