When we are seen by a doctor or operated on by a surgeon, we expect these medical professionals to uphold a high standard of care. Unfortunately, not everyone in the field takes the necessary steps to keep patients safe. A skilled personal injury attorney could assist you with a civil suit if a healthcare professional harmed you due to a medical mistake.
You have the right to pursue compensation after these errors, but the process can be challenging. There is a limited time to act, and you must meet numerous requirements for your case to be successful. You can maximize your chances for recovery with the help of a Metairie medical malpractice lawyer.
Types of Malpractice
An attorney in Metairie could pursue a lawsuit based on many different types of medical malpractice. Often, these cases involve the misdiagnosis of an illness. While it is not always possible to determine someone’s disease with certainty, any physician who fails to diagnose an illness when their peers would have generally been able to do so could be found negligent. The same is true if the correct diagnosis is made unreasonably late. Other types of malpractice include birth injuries, surgical errors, and the failure to treat an illness.
Dealing with the Statute of Limitations
The statute of limitations is a law that limits the amount of time in which a person can file a civil lawsuit.
Under state law, a patient generally has one year to pursue legal action against a negligent healthcare provider. However, establishing when this deadline expires can be challenging.
When a person is in a car accident, it is simple to calculate one year from the date of the crash. However, the same is not always true regarding medical mistakes. When a person is misdiagnosed or given the wrong care, it is not always immediately obvious that something is wrong. In that scenario, a patient has one year from the date they discovered or reasonably should have discovered their injury.
Managing the statute of limitations is especially difficult without help. A Metairie medical malpractice attorney could ensure compliance with all legal deadlines.
Understanding Medical Review Panels
One way that medical malpractice lawsuits differ from other personal injury lawsuits is the need to comply with a medical review panel. With few exceptions, patients must submit their claims to a medical review panel before they are allowed to file legal action. The panel will review the evidence in the case and issue an opinion on whether the allegations are valid.
After the case is submitted, the statute of limitations is paused in most situations until a decision is reached. This pause will remain in place for a total of 90 days after a final decision is made or the claim is dismissed.
Once the report is issued, the plaintiff has the right to file their lawsuit. However, the defense could use the report as evidence if the medical experts on the panel disagree that there is evidence of malpractice.
Call a Metairie Medical Malpractice Attorney Today
You have the right to seek justice following a medical mistake, and the right attorney could secure the compensation you deserve. Reach out to a Metairie medical malpractice lawyer right away to learn more.
