In Louisiana, the time limit to file a medical malpractice lawsuit is generally one year. That is, you have one year from the date that you discover the malpractice to file a lawsuit. There may be exceptions to this statute. You may still be eligible to file a malpractice lawsuit if it has been more than a year since your injury.
CC Art. 2315.2 imposes a one-year statute of limitations for wrongful deaths as well. Like the statute for non-fatal cases, there can be exceptions to this wrongful death statute of limitations.
What is Medical Malpractice?
Medical malpractice is negligence by a medical professional. Malpractice is generally present when:
- A medical professional is responsible for a patient’s care.
- The medical professional therefore owes the patient a duty of care.
- The medical professional behaves unreasonably, violating their duty of care.
- The medical professional’s breach of duty of care causes harm.
This is the standard for negligence applied to the doctor-patient relationship.
What Failures Qualify as Medical Malpractice?
Medical malpractice can include:
- A slow diagnosis of a condition
- An inaccurate diagnosis of a condition
- Surgical error
- Anesthesia errors
- Medical device errors
- Prescribing a harmful treatment
- Prescribing ineffective or otherwise inappropriate treatment
- Using unsafe medical equipment
- Medication-related errors
We will review your circumstances to determine if you are the victim of malpractice.
Who is Liable for Medical Malpractice?
Someone may be liable for medical malpractice if:
- They committed malpractice.
- They are liable for the negligent party’s actions.
A medical professional is generally the negligent party. The following parties may be responsible for the medical professional’s actions:
- A hospital
- A surgery center
- A health care clinic
- A doctor’s office
- Another type of medical facility
These sorts of facilities can also be negligent by:
- Failing to supervise
- Failing to provide safe, effective medical equipment
- Allowing unfit medical professionals to operate
We will seek compensation from every liable party in your case.
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Who is Eligible for a Medical Malpractice Lawsuit?
The two parties who are generally eligible to bring a medical malpractice lawsuit are:
- The victims of malpractice
- Family members of someone who died because of medical malpractice
You may also bring a lawsuit on behalf of a living family member who is unable to start their own case. They may be incapacitated due to the effects of medical malpractice.
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What Losses Does a Medical Malpractice Lawsuit Cover?
A successful lawsuit could cover all of your losses from medical malpractice. This may include:
- The cost of medical care that included negligence
- The cost of medical care for negligence-related harm
- Your pain and suffering
- Lost income
- Lost earning power
- Lost productivity
- Medical equipment for your home, vehicle, and personal movement
- Medication costs
Wrongful death lawsuits may provide additional coverage. This may include:
- Funeral costs
- Loss of spousal comfort
- Loss of parental guidance
- Loss of financial protection
Pain and suffering awards are generally greater in wrongful death cases. If you have any losses not listed here, we pursue compensation for them.
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How do You Start Your Medical Malpractice Lawsuit?
You can start your medical malpractice case by calling our law firm. We will review your case and seek fair compensation for your losses. Here is how our firm will make your case:
Determining how Long You Have to File Your Case
We know the time limit for filing a medical malpractice lawsuit. We work swiftly to file your case before any deadlines expire.
Determining Liability
We identify who caused your suffering and who else is liable. We determine liability by:
- Speaking with you about your case
- Obtaining and reviewing evidence
- Speaking with medical experts
- Reviewing relevant statutes and legal standards
Determining liability tells us who we should sue.
Documenting Your Losses
Documentation of your losses may include:
- Images of your injuries
- Doctors’ assessments of your symptoms
- Medical bills
- Proof of lost income
This documentation can be key during settlement negotiations or a trial.
Pursuing a Settlement
The American Bar Association (ABA) lists settlements as the typical outcome for civil cases. This includes medical malpractice lawsuits. We will fight for your settlement by:
- Contacting attorneys for liable parties
- Arranging a time and place for negotiations
- Presenting evidence of your losses
- Rejecting any insufficient settlement offer
- Accepting a fair offer
We will go to trial if your case requires it.
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Hire Laborde Earles Injury Lawyers at no Upfront Cost
Laborde Earles Injury Lawyers charges nothing up front for taking on your case. You do not pay us unless we win. We will represent you throughout the legal process. You can focus on your recovery, and we will handle the rest.
We offer a free consultation. During your call, we will answer your questions and explain the next steps for your case. Call Laborde Earles Injury Lawyers today at (337) 777-7777 for your free case review. Do not wait to call, as your case may be subject to time restrictions.
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