No one in Louisiana enjoys being sick. When an illness or accident results in a trip to the hospital, the circumstances can lead to increased stress. Physicians and other support providers work hard to give the best possible care to their patients. However, there are times when medical mistakes are made and death results. Family members may seek to file a wrongful death or a medical malpractice lawsuit.
When a negligent act or omission by a medical professional causes harm to a patient, medical malpractice occurs. It is important to differentiate between a bad outcome and an act of negligence. Legal medical malpractice can arise against one of the following entities:
- The physician for care that deviated from acceptable standards of practice;
- The hospital for inadequate training or improper care to a patient; or
- Hospital facilities operated by local, state or federal agencies.
In many states, there are limitations placed on medical malpractice claims. Often, there is a cap on the amount of damages and legal fees that can be awarded in these lawsuits. In addition, there are limits that limit when a case can be brought. In the state of Louisiana, potential plaintiffs have one year from the date of the act of medical malpractice or within a year of the date that the patient became aware of the malpractice.
Since the window to bring a medical malpractice case is so narrow in this state, it is important to have competent legal counsel that is well versed in medical malpractice on the case early. Without legal counsel, plaintiffs can lose their legal remedy forever. Though an attorney cannot guarantee compensation, having legal counsel can greatly increase a victim's ability to fight for the compensation that they need to rebuild their life.
Source: FindLaw.com, "Medical Malpractice In-Depth," accessed on Sept. 8, 2014