Preventable medical errors rank as the third leading cause of death in the United States, surpassed only by heart disease and cancer. Alarmingly, over 400,000 individuals lose their lives annually due to medical negligence, with countless others suffering injuries.
When healthcare providers do not meet the expected standard of care, resulting in patient harm, victims and their families may have grounds to file a medical malpractice lawsuit. If you or a loved one has experienced such negligence, a dedicated Gretna medical malpractice attorney can help you seek justice and compensation for these life-altering mistakes.
How a Gretna Medical Malpractice Attorney Can Help
Navigating medical malpractice claims is one of the most intricate areas within personal injury law. If you are an injured patient in Gretna, hiring an attorney to advocate for your rights is crucial to avoid mistakes that could jeopardize your chances of obtaining fair financial compensation.
An experienced medical malpractice attorney can provide numerous benefits, including:
- Conducting a thorough investigation to determine if your healthcare provider committed medical malpractice.
- Gathering and securing evidence, such as expert medical witness testimonies, to support your claim.
- Submitting your proposed complaint to a medical review panel is a legal requirement for most medical malpractice claims in Louisiana.
Rely on your attorney to manage the legal complexities while focusing on your recovery. A dedicated law firm will identify the liable parties, navigate the confusing claims paperwork, meet Louisiana’s filing requirements, and offer reliable advice and counsel throughout your case. They will ensure you have the support you need during this challenging time.
For a free legal consultation with a Medical Malpractice lawyer serving Gretna, call 800-537-8185
What Is Medical Malpractice?
Medical malpractice happens when a healthcare professional’s negligence leads to patient injury. Any medical professional, including doctors, nurses, technicians, and medical facilities, can be held liable if their mistake caused your injuries or aggravated an existing condition.
What Qualifies as Medical Malpractice?
There are numerous ways a nurse or doctor can commit medical malpractice. If you suspect that you or a loved one has been a victim of medical negligence, it’s essential to contact a personal injury lawyer immediately.
Additionally, important steps to take include undergoing an independent medical examination and calculating the damages incurred.
Surgical Errors
Surgical mistakes can vary, from making an incorrect incision to operating on the wrong body part. Tragically, wrong-side, wrong-site, and wrong-patient procedures occur with alarming regularity.
Misdiagnosis or Failure to Test
Medical professionals will often come to conclusions without performing the proper due diligence. If a doctor fails to administer the proper tests or misdiagnoses with the tests available, they are medically negligent.
Medication Errors
Medication errors can occur through prescription or administration. It can be considered medical malpractice if either results in incorrect doses and injury.
Neglect or Unclean Environment
When a patient is not properly cared for or placed in an unclean environment, it constitutes medical negligence by the facility.
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Can You Sue for Medical Negligence?
Whether a patient can sue a Gretna doctor for negligence depends on the time elapsed since the alleged malpractice and whether the doctor breached the standard of care.
Lawsuits filed against healthcare providers are classified as medical malpractice cases. Individuals who have sustained injuries or damages due to a medical mistake should consider taking legal action.
How do You Know If You Have a Case for Medical Malpractice?
A medical malpractice claim arises when a victim suffers losses due to the negligence of a medical professional or facility. Your lawyer can help identify and quantify your damages for use in negotiations, which may include:
- Past and future medical treatments
- Medical equipment and assistive devices
- Indirect costs such as lost income due to inability to work
- Home modifications
- Medications
- Long-term home medical care
- Therapy and rehabilitation
In Louisiana, the total damages in medical malpractice cases are capped at $500,000. However, this cap does not apply to future medical expenses.
Louisiana Has a Cap on Medical Malpractice Damages
Under Louisiana Revised Statutes Section 40:1231.2, the total recoverable amount for all malpractice claims related to patient injury or death is capped at $500,000, plus interest and costs. This cap excludes the costs for future necessary medical care. If a jury awards an amount that exceeds this cap, the courts will adjust it to comply with the limit.
Louisiana has established a payment system to safeguard medical providers from financial strain due to litigation costs. Any damages awarded beyond $100,000 are paid through the Louisiana Patient’s Compensation Fund. This fund acts similarly to insurance for public health care providers and certain eligible private physicians, covering the remaining damages after the initial $100,000.
Statute of Limitations Affecting Louisiana Medical Malpractice Cases
In Louisiana, the statute of limitations mandates a strict one-year deadline from the date of the alleged medical malpractice to file a claim. If the patient does not immediately discover their injuries, the deadline begins from the date of reasonable discovery. Additionally, Louisiana has a statute of repose that imposes a three-year limit, barring lawsuits filed more than three years after the alleged malpractice, regardless of when the patient became aware of the harm.
Is Medical Malpractice Difficult to Prove?
Our Gretna medical malpractice lawyers have over 40 years of experience defending victims and their families in these cases, and we know what it takes to prove liability. Your attorney will need to prove the following elements to prove medical negligence:
Duty of Care
This legal duty, known as the standard of care, is a doctor’s obligation to their patient. If the injury demonstrates that the medical professional failed to exercise the required professional judgment and skill to deliver appropriate treatment, it can be evidence of negligence.
Standard of Care
A professional relationship is established when a doctor or nurse attends to you or your family member. A Gretna medical malpractice lawyer can assist you in demonstrating that the treatment provided did not meet the accepted standard of care. If your case proceeds to court, the jury will evaluate whether the defendant’s actions aligned with medical community standards based on the evidence presented. Your lawyer will help gather and present proof to support your case.
Causation
Your attorney must demonstrate that your injury could have been prevented if the doctor, nurse, or other medical personnel had followed the appropriate procedures.
Damages
Your damages reflect the losses incurred due to the other party’s actions. Your attorney can calculate these damages and use the total to strengthen your position in settlement negotiations.
Types of Evidence that Can Be Used to Prove Your Case
To secure financial compensation for medical malpractice in Gretna, you must provide clear and convincing evidence that the defendant likely committed the alleged tort. This requirement is known as a “preponderance of the evidence.”
Evidence that could support your medical malpractice case includes:
- Medical records
- A history of complaints against the hospital
- Expert witness testimony
- Eyewitness accounts
- Photographs and videos
An experienced medical malpractice attorney can thoroughly investigate your case to preserve evidence of negligence or misconduct. Your lawyer will then present this evidence effectively to a judge or jury.
Morris Bart Injury and Accident Lawyers Can Help
The emotional and financial burden resulting from medical errors can be overwhelming for you and your family. The Gretna medical malpractice lawyers at Morris Bart are here to help you seek justice.
If you or a loved one has been affected by medical malpractice, our dedicated team of attorneys is committed to working tirelessly to secure the compensation you and your family deserve. Contact us for a free, no-obligation consultation to get started.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
