Claims alleging careless behavior by a health practitioner are much more complicated than cases stemming from other types of accidents. In addition to the complexity of the events that these cases are built around, state law establishes rules specifically for medical negligence claims that do not apply to any other injury cases.
Navigating the unique elements of malpractice litigation could be much easier with assistance from a personal injury attorney who has achieved successful results in similar cases before. A knowledgeable Ponchatoula medical malpractice lawyer could serve as a steadfast ally through your entire claim by working tirelessly to maximize available compensation while minimizing the impact that procedural and legal roadblocks could have on your recovery.
Like other forms of injury litigation, a filing deadline applies to cases alleging that a doctor, nurse, technician, or other health care provider breached the standard of care to which someone with their experience is held. Louisiana Revised Statutes § 5628 explains that people injured by malpractice must file suit no later than one year after discovering that their injuries and no longer than three years after the actual injury in question occurred. A well-versed health care malpractice attorney in Ponchatoula could ensure someone files their claim before the deadlines.
LA Rev. Stat. § 1321.2 sets a limit of $500,000 on recovery for most forms of damages through a successful health care malpractice claim. It is worth noting that the Louisiana Patient’s Compensation Fund will pay out all damages in excess of $100,000 on behalf of covered health care providers. Future medical expenses necessitated by the consequences of a provider’s neglect are not included in this limitation, so there is no limit to the amount of restitution a successful plaintiff may demand for this type of harm.
Because allegations of medical negligence involve accusing a highly trained professional of violating a standard of care that would not be expected of anyone but an expert in their field. Before a claim can be submitted, a health care review panel must approve the claim from the person seeking to file one. The prospective claimant must request this review prior to the effective filing deadline for their lawsuit as applying for this type of review tolls, or pauses, the applicable deadline for up to 90 days.
Consisting of three licensed health care providers and at least one managing attorney, this panel has the authority to examine evidence submitted by both sides of a claim and issue a report regarding whether that evidence indicates an actionable breach of the standard of care. There are rare exceptions to this requirement and potentially alternate results that could come from it under unique circumstances. Because of this, the plaintiff should enlist the aid of an accomplished Ponchatoula attorney experienced with medical negligence cases.
Subpar care from medical experts can have devastating consequences for the patients who trusted them with their well-being. It could be challenging to establish civil liability for the repercussions of health care negligence, particularly if you do not have guidance from experienced legal counsel.
A qualified Ponchatoula medical malpractice lawyer could have the skills you need to effectively enforce your rights and protect your best interests. Call our office today to schedule a consultation.
Parker Layrisson Law Firm