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, 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 that 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:
- Childbirth injuries
- Surgical errors
- Medication errors
- Anesthesia errors
- Improper treatment
- Failure to warn a patient of known risks
Proving Liability in a 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 that 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.
Damage 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.
Call a Seasoned Avoyelles Parish Medical Malpractice Attorney
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 today, you may be able to hold them accountable. Contact an attorney today to schedule a consultation.