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Medical professionals occasionally make mistakes. When these mistakes violate the standard of care, this could be considered medical malpractice. If this has happened to you, the effects can be detrimental to your health, possibly resulting in permanent and debilitating injuries. Many types of medical errors can lead to injuries, and proving that medical negligence caused harm is crucial to a successful lawsuit.
To pursue monetary damages for a medical professional’s negligence, you should seek out the services of a Hammond medical malpractice lawyer. An experienced personal injury attorney has the skills and resources needed to mount a legal claim against the liable party.
Malpractice occurs when a healthcare professional or staff member commits some act or omission that is in violation of the standard of medical care. If these acts or omissions are what caused the plaintiff’s harm, a medical malpractice claim is likely appropriate. These failures of medical care should not be left unaccounted for.
The standard of care is a legal term that sets the bar for how a medical professional is supposed to act in a given situation. Professionals must use reasonable care and diligence in their work, applying the best judgment in a given case. The standard of care will differ between specific medical fields, areas of expertise, and even within different locales. This aspect of the law is fact-specific and is subject to statutory and case law that governs this duty of care.
Medical negligence can occur in many different ways. Common examples include:
These types of mistakes, and many more, can lead to serious injuries for a patient. A Hammond medical malpractice attorney could assist the plaintiff in seeking compensation for the financial and personal losses they endured.
To file a medical malpractice claim within Louisiana, the proposed complaint must pass through a medical review panel first. The medical review panel’s job is to consider whether the claim has any merit based on the evidence presented to them. This is an initial finding about whether the evidence suggests medical malpractice may have occurred. It is not a binding or definitive answer.
The purpose of the panel is to stop frivolous lawsuits from being filed. However, the specific requirements can hurt plaintiffs who attempt to file the suit on their own, or who hire an inexperienced lawyer. Dismissal may result if the rules are not followed, which is why a person should consult with a medical negligence lawyer in Hammond.
Louisiana Civil Code § 9:5628 requires medical malpractice claims to be filed within one year of the date the injury occurred. However, if the discovery of the injury did not occur until later, the limitations period is one year from the day the harm was discovered. The law also requires that, no matter when the injury was discovered, the medical malpractice claim must be filed within three years of the date the alleged medical malpractice occurred.
Malpractice claims are complicated and require specific evidence to prove. Failure to properly prove negligence will result in the loss of potential damages. You deserve every chance to win compensation for your injuries, based upon the facts of your case. A Hammond medical malpractice lawyer is available to assist you in your legal claim. Contact us today.
Parker Layrisson Law Firm
