Working in an ER can be one of the most challenging areas of medicine, and an emergency room physician must be able to maintain composure, make the correct medical decisions, and perform to the best of their abilities under a great deal of pressure. However, this does not mean that everything always goes according to plan, nor does it mean that doctors cannot be held liable due to mistakes that occur due to their own negligence.
When an error in the ER singlehandedly changes the life of an individual and falls below the accepted standard of care, it may be grounds for a civil case that a qualified medical malpractice attorney could help file. If you are looking to build such a case, you may find the assistance they need by consulting with a seasoned Lafayette emergency room errors lawyer.
When an emergency room physician establishes a doctor-patient relationship, they are responsible for providing optimal care to the individual receiving treatment. A continuing doctor-patient relationship does not need to be proven following contact. Instead, an injured patient filing suit must only prove that the physician was responsible for the alleged malpractice.
The harm caused by medical malpractice often goes beyond physical hindrance and can also impact a victim’s psychological state. Some emergency room errors that may occur include:
Negligence in an emergency room can be defined as a physician failing to provide the proper quality of care that other seasoned doctors would have provided if the patient was under their care. Methodologically, proving the physician breached their duty to provide quality care may require testimony from medical experts as well as assistance from a skilled Lafayette emergency room errors attorney.
The days, weeks, and months following an instance of malpractice can be physically stressful, financially demanding, and substantially time-consuming. An influx of medical bills can induce a variety of emotional side effects and even place a family on the cusp of financial woes. Some common damages that a medical malpractice suit may seek compensation for include but are not limited to:
Medical malpractice cases in Lafayette work differently than they do anywhere else in the United States, due to Louisiana being a civil law state as opposed to a common law state. The primary difference between these two approaches to law revolves around a heavier emphasis on individual judges’ interpretation of written statutes.
Louisiana’s statute of limitations requires victims of ER errors to file a claim for medical malpractice within one year of the date they become aware of their injury. Furthermore, the claim must be filed within three years of the date on which the injury first occurred.
With help from a dedicated Lafayette emergency room errors lawyer an injured individual could take advantage of what is known as the Patient Compensation Fund. This is a self-funded program that covers all state health care providers and is designed to play the role of an excess insurer for medical malpractice lawsuits. Depending on the circumstances, it could be considered a buffer that the victim needs to address before beginning the claim process.
Building a civil case around an occurrence medical malpractice in an emergency room setting involves obtaining evidence of doctor negligence and legal liability for injuries that a professional Lafayette emergency room errors lawyer could work hard to locate and preserve. You may be entitled to fair compensation based on your unique case.
Pursuing a lawsuit may provide you and your family with the financial recovery you need to move forward with your lives. To learn more about how you could seek restitution in your fight against medical malpractice, call today to schedule a consultation.