Medical malpractice can have serious, long-lasting effects on victims. Fortunately, a seasoned personal injury attorney can help those harmed by negligence to recover from their losses.
A Baton Rouge medical malpractice lawyer could review your case, assess your eligibility for compensation, and work toward obtaining the restitution you deserve. In this difficult time, you do not have to face the legal process alone.
What is Medical Malpractice?
Medical malpractice is when the negligence of a medical provider causes an injury, illness, or bodily defect, whether intentional or not. If a medical professional knowingly or unknowingly fails to take the proper steps to diagnose or treat an issue, it might be considered malpractice.
If a medical treatment results in injury, however, that doesn’t necessarily mean malpractice occurred. Only instances in which the medical provider fails to follow procedures and protocol may qualify as negligence.
Common Medical Malpractice Claims
Medical malpractice is, sadly, not uncommon in Louisiana. Some common types of claims include:
- Incorrect prescriptions
- Delayed diagnoses or treatments
- Failure to identify diseases
- Surgical errors
A Baton Rouge medical malpractice attorney can offer investigative assistance to help validate your claim and optimize your chances of being granted compensation.
Filing Medical Malpractice Claims
Filing a medical malpractice claim can be a process. If you are filing against a private healthcare provider, your claim needs to be assessed by a medical review panel before any legal action can be taken.
If the claim is deemed valid, a medical malpractice lawyer can help build a strong case. The state statute of limitations for medical malpractice claims is one year, so the sooner you file your claim, the better.
Unfortunately, local ordinances protect many healthcare providers and institutions, making it more difficult for injured people to pursue malpractice cases against them. As such, it is best to work with knowledgeable legal counsel who will help meet all the requirements, compile evidence, and hire experts to corroborate your experience.
How Much Is a Medical Malpractice Claim Worth?
State legislature dictates a maximum settlement that you can receive in a successful medical malpractice lawsuit. $500,000 is the cap that was put in place more than four decades ago, and it covers all claimed damages and injuries. A push was made in 2017 to raise the cap, but it failed in the legislature.
To give you a better chance of maximizing your compensation, a medical malpractice lawyer in Baton Rouge will advise you to list all damages that resulted from the malpractice in your claim. Your expenses and losses may include:
- Ongoing treatment such as chemotherapy or dialysis
- Loss of wages
- Pain and suffering
- Mental and emotional trauma
- Reduced quality of life
These damages can be considered during the initial assessment of the claim, increasing your chances of a higher settlement.
Hire a Baton Rouge Medical Malpractice Attorney
Speaking with a Baton Rouge medical malpractice lawyer before filing a claim is a wise move. An attorney can explain the legal process and help present a persuasive case.
During a legal consultation, we can give an overview of your rights, advise on your legal options, and offer guidance throughout the process of recovery. Call us to assess your medical malpractice claim today.