Medical professionals are responsible for providing the same quality of care as similarly credentialed providers in the area. However, sometimes they fall short. When you receive poor treatment and develop a health problem, illness, or injury or a worsening of an existing condition as a result, you might have the basis for a medical malpractice lawsuit.
A Thibodaux medical malpractice lawyer could preserve your legal rights and help ensure you receive appropriate compensation for your losses. Reach out to our trusted personal injury attorneys to learn more about how we can help.
Situations That Could Lead to a Medical Malpractice Claim
Everyone responds differently to treatment—a doctor could provide the same care to two patients and see differing results. There is no basis for a medical malpractice claim if a medical professional made reasonable decisions and the outcome was not as good as the patient hoped.
However, if a medical professional did not use the same degree of judgment and skill that another similarly trained colleague would have in the same circumstances, a patient who suffers harm because of this failure could have grounds for a lawsuit. Medical malpractice actions could arise due to various situations, including:
- Failing to diagnose a condition
- Misdiagnosing a condition
- Anesthesia or surgical errors
- Failure to order necessary tests
- Inadequate follow-up
- Birth injuries
- Lack of informed consent
A patient could file a medical malpractice claim against a doctor, nurse, pharmacist, physical therapist, hospital, urgent care center, imaging center, or other licensed healthcare provider. Our qualified Thibodaux attorneys could review the details of a person’s illness or injury to help them determine whether they have grounds to file a claim and who they could potentially hold responsible.
Statute of Limitations for Medical Negligence
According to Louisiana Revised Statutes § 9:5628, the statute of limitations to file a medical malpractice action is one year from the date of injury. One year is an extremely short time limit because it often takes several weeks, months, or even years, for the effects of medical malpractice to become apparent. Getting started as soon as possible is the best way to ensure these strict time limits are met.
Procedure for Bringing a Malpractice Claim
Medical malpractice claims are more complex than standard injury claims because the law imposes additional requirements on people alleging healthcare negligence. A patient who believes malpractice is the cause of their harm must submit their claim to a medical review panel before filing a lawsuit.
The panel will review medical records and other evidence to determine whether the patient received an appropriate standard of medical care. After the panel issues its findings, a Thibodaux attorney has 90 days to file a medical malpractice lawsuit or until the statute of limitations expires, whichever comes last. The panel’s opinion might be evidence in the action, but by itself it does not determine the case’s outcome.
If a patient takes the medical professional to court, proves they did not meet the standard of care, and demonstrates that their injuries or illness resulted from the professional’s failure, the patient is entitled to compensation, commonly referred to as damages. The law in Louisiana limits a patient’s damages in a medical malpractice action to $500,000. However, if the patient requires ongoing medical treatment related to the malpractice, they can collect the cost of the treatment, and it does not count toward the cap.
Call a Thibodaux Attorney When You Experience Medical Negligence
Everyone makes mistakes. This applies to doctors, nurses, and other health professionals. However, when errors cause harm, the medical professional could be liable to pay the damages.
Medical malpractice claims are complicated, and you need a seasoned attorney to manage your case. Contact a Thibodaux medical malpractice lawyer as soon as possible for dedicated legal guidance.
