Medical Malpractice Attorney in Gonzales, & Southeast Louisiana

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Health care professional – doctors, nurses, and all supportive staff – providers spend years developing the intellectual knowledge, physical skill, and professional credentials to heal others. As a group, their dedication to alleviating suffering is unwavering and unquestionable. Unfortunately, these same professionals are also vulnerable to mistake, and the impact of their mistakes is equal to the impact of their successes – profound. The National Academy of Sciences reports that just under 100,000 Americans die from “medical mistakes” each year.

A medical mistake is not (always) the same thing as medical malpractice. Gonzales medical malpractice is a form of negligence under personal injury law, which involves a medical treatment provider. If an individual is injured as a result of a medical treatment provider digressing from “the standard of care,” medical malpractice may have occurred, and the medical professional may be liable for the injury. Discuss your case with a Medical Malpractice Attorney in Gonzales, & Southeast Louisiana to find out if you have a valid medical malpractice claim or not.

“Standard of care” refers to the average, accepted level of skill and care for that particular affliction, procedure, division of medicine, and geographic region. In other words, how would a reasonably competent medical professional practicing in the same field as the defendant, and in the same area of the defendant, do under the circumstances that the defendant was facing with respect to care and treatment of the patient?

It is important to recognize that Gonzales medical malpractice does NOT occur each time treatment ends with a bad outcome. Less important than the outcome in determining medical malpractice is the course of treatment relative to standards, understanding that professionals are granted some latitude in how they choose to address the specific problems of specific patients. Discussing your case with the Louisiana Medical Malpractice Lawyers at our office is advised.

What Actually Is A Medical Malpractice Claim?

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A medical malpractice claim is a claim against a medical care provider for injuries sustained as a result of surgical errors, hospital negligence, misdiagnosis, failure to diagnose, birth injuries, and nursing home abuse and/or negligence.

What Are The Top Misconceptions People Have About Medical Malpractice Cases?

The top misconception that people have about medical malpractice cases is that they can sue a doctor or hospital for anything, and that it is an easy way to receive a huge settlement; this could not be further from the truth.

Can Medical Malpractice Claims Only Be Brought Against Doctors, Or Can They Be Brought Against Other Healthcare Professionals As Well?

A medical malpractice claim can be brought against any licensed, qualified healthcare provider. This includes radiologists, psychiatrists, chiropractors, dentists, nursing homes, hospitals, and clinics.

Do My Injuries Have To Be Extremely Serious In Order To Pursue Compensation In A Medical Malpractice Case?

A person’s injuries do not have to be extremely serious, but they can’t be minor either, in order for them to pursue compensation in a medical malpractice case. There is a lot of time and expense involved in pursuing a medical malpractice claim, because doing so often requires hiring a medical expert from out of state to testify against the local healthcare provider. Unless someone sustained a serious injury or died, the case will likely not be worth pursuing.

What Components Determine The Viability Of A Medical Malpractice Claim?

In order to have a viable medical malpractice claim, it has to be demonstrated that there was a deviation from the standard of care, which applies to all diagnostic, operative, and surgical procedures and is recognized by the medical community. This means that a claim cannot be based on an ordinary practice or mild negligence.

What Damages Can Be Awarded In A Medical Malpractice Claim?

The damages that can be awarded in a medical malpractice claim are the same as the damages that can be awarded in any type of personal injury case, and include medical expenses, pain and suffering, wage loss, loss of consortium and loss of enjoyment of life.

Are There Any Caps On Damages In Your State For Medical Malpractice Awards?

In Louisiana, the cap on damages against a qualified healthcare provider for a medical malpractice award is $500,000, not including future medical expenses. Future medical expenses are not capped, and thus can be awarded above the $500,000.00 general cap. However, if the healthcare provider is not “qualified”, meaning they have not paid their annual surcharge into the Louisiana Patient Compensation Fund, then any medical malpractice claim against them is not subject to the cap.

What Steps Should Someone Take If They Believe They Have Been A Victim Of Medical Malpractice?

If someone believes that they are a victim of medical malpractice, then they should contact an attorney as soon as possible. They should also obtain all of their medical records, because there is nothing an attorney can really do until those medical records can be reviewed by the attorney and other medical professionals.

How Long Do I Have To File A Medical Malpractice Claim In Louisiana?

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A person has one (1) year from the date of the malpractice to file a medical malpractice claim in Louisiana. However, if someone was not aware that malpractice occurred until after the fact, then they would have one (1) year from the date of discovery to file a claim. However, in no event can a claim be pursued more than three (3) years from the date of the alleged malpractice incident. A claim for wrongful death, must be brought within one (1) year from the date that the death.

How Long Do Medical Malpractice Cases Actually Take To Get Resolved?

Since every medical malpractice case is different, it is hard to say how long they usually take to get resolved. If it is clear that medical malpractice occurred, then it might only take six months. If the case needs to be litigated, then it could take two to three years to get resolved.

In Louisiana, a person must file a request for a Medical Review Panel before they are able to file a suit against a qualified medical care provider. A Medical Review Panel is composed of three independent doctors who practice in the same specialty as the defendant doctor. One doctor is chosen by the claimant, one is chosen by the defendant, and the third doctor is chosen by the other two appointed doctors. The medical review panel is moderated by an independent and non-voting attorney that is chosen by the three doctors on the panel. The Medical Review Panel will issue a decision after reviewing the records and meeting. A lawsuit cannot be filed until the Medical Review Panel issues its decision. The plaintiff then has ninety (90) days to file a lawsuit against the defendant physician or other healthcare provider.

Can I Recover Any Damages If I Signed A Consent Form Prior To A Medical Procedure In Which Malpractice Was Committed?

A person can recover damages even if they signed a consent form prior to a medical malpractice procedure. This is because a signed consent form does not absolve the medical provider from malpractice that might occur.

What Sets Your Firm Apart From Others That Handle Medical Malpractice Cases In Louisiana?

My firm is set apart from the rest by the level of experience that we have in handling medical malpractice cases in Louisiana. We have been handling these cases for more than 60 years. We will get the records reviewed by medical professionals, review them ourselves, and determine whether or not it is a case that needs to be pursued.

Additional Information On Medical Malpractice Claims In Louisiana

Medical malpractice cases are different than many other types of cases due to the influence of doctors, insurers, and hospitals on the legislature in Louisiana. This has made it very hard for a person who is injured by medical malpractice to win a case. Since the law is stacked against the claimant in these cases, it is very important that they have the experience and knowledge to overcome that opposition. Pursuing a medical malpractice case is like trying to get out of maze in which you have never been and cannot afford to get lost in. We pride ourselves on having always been able to help our clients through the maze and prevail.

If you or a loved one is in need of legal assistance medical malpractice attorney in Gonzales, & Southeast Louisiana, call Gordon R. Crawford at (225) 228-3450. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call our Medical Malpractice Lawyers in Ascension Parish right away to ensure that you do not waive your right to possible compensation.