Medical Malpractice Attorneys in New Orleans, LA
Our Aggressive Lawyers Fight to Hold Negligent Providers Accountable
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.
What Is Medical Malpractice?
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.
Common Types of Medical Malpractice Cases
Medical malpractice can include instances of:
- failure to diagnose
- birth injuries
- surgical error
- premature hospital discharge
- improper prescription
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.
Call our firm at (504) 475-2455 to get started.
Act Now Before It's Too Late!
Outside of medical malpractice wrongful death claims, injuries related to medical malpractice can take time to become apparent. For example, if a surgeon inadvertently leaves a surgical sponge in his patient's stomach, the patient may not develop adverse health effects until long after their procedure is complete.
This is one reason why Louisiana law provides thata victim of medical malpractice typically has one (1) year from the date of discovery of the malpractice to bring their lawsuit.
This legal precept is known commonly in the legal profession as the "discovery rule.” Generally speaking, the date of discovery commences the moment the medical malpractice victim either knows or should know that their ailments may be related to negligent acts or omissions in the healthcare field. The “discovery rule” is a fluid concept, and often makes up a portion of your case’s litigation.
Louisiana law also recognizes a 3-year preemptive period associated with claims of medical malpractice. Preemption, unlike prescription, may not be suspended or tolled, meaning that a medical malpractice claim may not be brought after 3 years from the date of the alleged malpractice.
As you can see, the legal time delays surrounding claims of medical malpractice are complex.
The second you suspect medical malpractice, speak to an attorney about your case.
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.
Our Law Firm Can Help You
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.
“I was very satisfied with how my case was handled.”- R. B. Stravinsky
“I would highly recommend The Voorhies Law Firm.”- J. Fitzgerald
“The staff kept me up to date with every situation and always called to let me know how the process was going.”- S. Roland