Every day, millions of trusting Americans receive medical care, and every day, some of them will become victims of medical malpractice. Distraction, lack of adequate training or experience, substance abuse, and fatigue are just a few of the contributing factors to medical errors.
If you have been injured due to the negligent actions of a health care professional, consulting with a well-versed Avoyelles Parish medical malpractice lawyer should be your next step. With help from a personal injury attorney from Laborde Earles Injury Lawyers, you may be able to recover fair compensation.
What Is Medical Malpractice in Louisiana?
Health care providers are expected to care for their patients in the same way other professionals would in the same situations. When a medical provider fails to meet this standard of care, malpractice occurs. Examples of medical malpractice include but are not limited to:
- Misdiagnosis
- Childbirth injuries
- Surgical errors
- Medication errors
- Anesthesia errors
- Improper treatment
- Failure to warn a patient of known risks
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientProving Liability in an Avoyelles Parish Medical Malpractice Case
Medical malpractice laws that apply to Avoyelles Parish residents are addressed in Louisiana Civil Code §9:2794. The burden of proof is with the plaintiff to prove the health care professional committed malpractice. Usually, this is done by establishing the following points:
- There was a specific standard of care for the provider to follow under the circumstance.
- The defendant was deficient in the skill or knowledge to provide this standard of care or failed to use reasonable care.
- The plaintiff incurred harm that they otherwise would not have incurred.
- The plaintiff’s harm led to damages.
An Avoyelles Parish medical malpractice attorney could use medical experts, professional journal articles, records, witness testimony, and other pieces of evidence to help establish these points.
Potentially Liable Parties in a Medical Malpractice Case
It is also important to note that multiple parties could be held liable in a medical malpractice case. Liable parties could include:
- Your doctors
- Your nurses
- A medical practice
- A hospital
- Any other member of your care team
Your attorney will sort through the facts and fight to hold all responsible parties to account.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientPursuing Damages in a Medical Malpractice Case
If you believe you have been harmed due to medical malpractice, you should pursue damages in a civil suit. Monetary compensation cannot fix everything, but a settlement can go a long way toward helping you and your family return to normalcy and deal with any financial hardships that have resulted from medical malpractice.
The types of damages you can pursue can be broken down into two broad categories. There are economic damages, which cover some of the direct costs of medical malpractice. Economic damages can include:
- The costs of hospital stays and doctor’s visits
- The cost of physical therapy
- Lost wages and earning potential resulting from your injuries
Non-economic damages are a bit harder to quantify, but they can help make up for some of the emotional turmoil you and your loved ones have experienced due to the negligence of a healthcare professional. Non-economic damages can help compensate you for:
- Diminished quality of life
- Disfigurement or disability
- Past and future pain and suffering
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientDamage Caps for Medical Malpractice Plaintiffs
Medical malpractice damages caps can be found in Louisiana Revised Statutes § 40:1231.2. These caps limit the amount of money a medical malpractice plaintiff could receive in a lawsuit, even if the jury finds the defendant fully liable for their damages.
Unlike other states, Louisiana does not specify how much a plaintiff could receive in economic or non-economic damages but rather gives a total. The total damages awarded to a plaintiff cannot be more than $500,000, excluding the costs of future medical care. A medical malpractice lawyer in Avoyelles Parish could fight on a victim’s behalf for maximum compensation.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientLouisiana’s Statute of Limitations
If you believe that you or a loved one has suffered harm due to the actions or inaction of a medical professional, you cannot delay legal action. Louisiana gives plaintiffs a limited amount of time to sue for medical malpractice, and you do not want to miss your chance to pursue compensation.
Per CC Art. § 5628, you have just one year from the date of the malpractice or the discovery of the malpractice to begin pursuing legal action. This can seem like a long time, but as you recover from your injuries and attempt to get back to your normal life, the months and weeks can pass by quickly.
An Avoyelles Parish medical malpractice lawyer can file your case and get the legal process started so that you can fight for the compensation that you and your family deserve.
Affording a Medical Malpractice Attorney
You may worry that you will not be able to afford an attorney. That is why we want our potential clients to know that we work on contingency. What this means is that we only get paid once you receive a settlement from your medical malpractice case.
You have enough on your plate, so we want to be sure that you do not have to worry about paying for a lawyer on top of that. Your financial situation should not deter you from pursuing the compensation that you deserve. Our law firm is ready to fight for you.
Call Our Avoyelles Parish Medical Malpractice Attorney Today
Doctors, nurses, and other health care providers go through years of intense training and education to be in their career fields. The public places a great deal of trust in medical professionals to provide proper diagnosis and treatment. When they fail to do so, serious injuries or even needless deaths could occur.
Medical malpractice patients could be left with expensive medical bills, lost wages, and immense pain and suffering, all from a single error. Fortunately, by calling an Avoyelles Parish medical malpractice lawyer from Laborde Earles Injury Lawyers today, you may be able to hold them accountable. Contact an attorney today for a consultation.
