Defending Against the Lost Chance Claim Lurking Within Plaintiff’s Petition; Lagniappe: How to Avoid Being Taxed with $155,000 of Plaintiff’s Costs

Abstract

This paper examines the latest standards applied by Louisiana courts regarding a plaintiff attorneys attempt to assert a medical malpractice action on the theory of loss of a chance of survival. The paper provides guidance for defense counsel on the best ways to combat a plaintiff's attempt to add a claim for lost chance of survival, particularly when plaintiff attempts to do so at a very late date.

The paper also examines the latest Louisiana law regarding a plaintiff's ability to recover costs following a successful jury verdict, and provides guidance to defense counsel on how best to minimize such recovery.

Keywords: medical malpractice, defense counsel, loss of a chance of survival, taxation of costs