A medical professional is not supposed to make mistakes, but the simple fact is that they sometimes do. These errors can cost you a great deal in terms of your physical health, mental well-being, and financial security, and they could even impact your ability to work. Because of the devastating harm medical negligence can bring, you may be entitled to financial recovery with the right injury attorney at your side.
An experienced Ruston medical malpractice lawyer can help you seek the financial recovery you need following your injury. Your case deserves careful consideration of the facts and an aggressive advocate fighting for your rights.
How Medical Negligence Occurs
Filing a medical malpractice claim for financial recovery is necessary if a professional made a medical mistake that caused you harm. Common reasons a person might file a claim against a health care professional include:
- Misdiagnosis or delayed diagnosis of a condition
- Lack of informed consent
- Wrong-site surgeries
- Negligence in administering anesthesia
- Prescription medication errors
- Negligent actions during surgeries or procedures
If any of these negligent acts were what caused your harm, an experienced attorney in Ruston can help you provide the necessary evidence for your medical malpractice claim.
Standard of Care in Medical Malpractice Lawsuits
Unlike general injury lawsuits, which utilize a “reasonable person” standard when addressing negligence, medical malpractice cases utilize a different standard. A medical professional is negligent when they breach the standard of care that a patient should be able to expect in that situation.
This difference requires an individualized look at the professional’s degree, training, specializations, and the situation in which the accident occurred. Establishing a medical standard of care is a crucial part of proving a claim of medical negligence.
Medical professionals are expected to use the appropriate level of care relative to their specific field and unique situation. Your case is best handled with a competent attorney in Ruston who has done this many times before, understands what to look for, and knows appropriate methods to help prove the medical negligence occurred.
Unique Requirements of Medical Malpractice Claims Under State Law
State law requires complaints for medical negligence to go through a medical review panel before they’re filed in court. The panel considers the facts of the claim to determine whether there’s any merit to the plaintiff’s allegations. This is not a final determination of liability, but it’s designed to filter out “frivolous” lawsuits—it’s simply an initial determination of the potential validity of a claim.
There are specific procedural requirements involved in this process, and it’s best to have a local lawyer who will verify that you meet them.
Filing Deadlines in Ruston
Louisiana Revised Statutes § 9:5628 requires you to file your medical negligence claim within one year of the date the injury occurred. But if the injury wasn’t discovered until later, that one-year period will instead start on the date you discovered your injury. In any case, the case can’t be filed later than three years after the medical malpractice occurred.
Let a Ruston Medical Malpractice Attorney Assist You Today
Your claim could entitle you to a large settlement or jury award if it’s properly proven. To determine the extent of your possible compensation, you should speak with an experienced Ruston medical malpractice lawyer.
A consultation of your case will help you understand your potential rights. Contact us today to get started on your claim.