09/02/2026
When a patient dies as a result of medical negligence, Louisiana law provides a path for certain family members to pursue a wrongful death claim. Understanding who has the right to file and what that process involves is an important first step for families seeking accountability.
Under Louisiana law, the following individuals may have the right to bring a wrongful death claim:
-A surviving spouse
-Surviving children of the deceased
-Surviving parents, if there are no surviving spouse or children
-Surviving siblings, if there are no surviving spouse, children, or parents
There are also survival action claims, which allow the estate to pursue damages the deceased would have been entitled to had they survived.
These cases are among the most emotionally difficult and legally complex in medical malpractice law. Louisiana's Medical Review Panel process applies, strict filing deadlines exist, and establishing causation requires detailed medical and legal analysis.
Families in this situation deserve experienced counsel who understands both the law and the weight of what they are going through.
If you lost a loved one and believe medical negligence played a role, contact Wagar Hickman for a confidential consultation.
Wagar Hickman | 985-888-8740