Like everyone else, you put a great deal of trust in your health care providers. For this reason, medical professionals across the nation are held to a high standard of care. When doctors, nurses, and other medical staff fail to live up to this standard, and you get hurt as a result, you may need to take legal action.
If you are considering a medical malpractice lawsuit, contact The Voorhies Law Firm today.
Under Louisiana law, medical malpractice is a legal term referring to a claim of negligence brought against a healthcare provider. Medical malpractice simply refers to medical misconduct that results in a personal injury claim. As it appears in the law, the term “healthcare provider” refers to a variety of medical personnel, including nurse practitioners, physicians, hospitals, etc. Such healthcare providers, if “qualified,” cannot be subject to liability beyond the limitations set forth in Louisiana’s Medical Malpractice Act. Fortunately, our New Orleans medical malpractice lawyers are experienced with all state statutes.
Many serious personal injury and wrongful death cases occurring in New Orleans, Louisiana, arise out of medical malpractice.
Medical malpractice can include instances of:
Unfortunately, injuries stemming from medical negligence are often severe and may include permanent injury, paralysis, and even death. With these serious consequences, you need aggressive legal assistance.
Contact The Voorhies Law Firm to schedule your free case evaluation with one of our New Orleans experienced attorneys.
Cases involving medical malpractice require an understanding of both medicine and law. Unlike most personal injury cases in Louisiana, claims involving acts of medical malpractice must be presented to a medical review panel before suit can be filed.
The medical review panel is composed of three 3 who have experience in the practice area involved in the alleged malpractice. The panelists meet and review each party’s submission of evidence and then offer a written opinion and reasons as to whether they believe that there was a breach of the applicable medical standard of care, and whether such breach caused the resultant damages to the plaintiff.
Once the medical review panel has issued its opinion, the claimant may proceed with bringing a medical malpractice lawsuit in a court of competent jurisdiction. If a physician panelist finds in favor of the plaintiff at the medical review stage, their finding may be introduced as evidence in court and benefit the plaintiff in several ways.
With so many legal intricacies involved in Louisiana medical malpractice cases, you will need a legal team that is familiar with prosecuting claims of healthcare provider negligence.
For example, your attorney will need to know and understand limits on general damages and create an appropriate claim on your behalf. Under Louisiana law, a medical malpractice claimant is limited in the amount of money that they can recover for their pain, suffering, loss of enjoyment of life, and other types of “general damages.”
Nevertheless, Louisiana’s statutory cap in the medical malpractice arena does not limit the amount that a claimant can recover in future medical expenses. Thus, it is important to discuss the facts of your particular medical malpractice case with an experienced medical malpractice lawyer and develop a strategy to maximize your compensation.