New Orleans Medical Malpractice Attorney Discusses 4 Lesser-Known Facts about Med Mal CasesOctober 13th, 2015
Medical malpractice cases are often complex and difficult to win. This is why victims should only consult attorneys who have successfully handled these types of cases.
Just because an operation ended unfavorably does not necessarily constitute malpractice. However, if you were the victim of physician negligence, then you may be entitled to compensation to pay for health-care expenses, lost wages and other damages.
No two medical malpractice cases are alike, which is why the guidance of an attorney may prove invaluable. At The Bowling Christiansen Law Firm, we can assess your case to determine if you may have a valid claim.
David A. Bowling is a New Orleans medical malpractice lawyer who can help you navigate the often unpredictable legal system. Call our office today at (504) 586-5200 to schedule a consultation.
Until then, read on to learn four facts that most people do not know about medical malpractice:
1. Medical malpractice constitutes a personal-injury case.
Many people do not know that medical malpractice falls under personal-injury law. According to the National Conference of State Legislatures, this means that your medical malpractice case must go through state courts if it goes to trial. Because this is a tort matter, your damages may include those associated with personal-injury cases, including compensation for lost wages, pain and suffering, and medical bills.
2. The law requires doctors to comply with a code of conduct.
As in other personal-injury cases, the courts will try to determine if an individual is liable for injuries based on his or her actions. The will assess your case to determine if your doctor did not behave in a manner that a competent physician might have. It is important to keep in mind that an unsatisfactory medical result does not necessarily constitute medical malpractice.
3. A misdiagnosis may constitute medical malpractice.
If a jury or review panel determines that a reasonable doctor may have come to a diagnosis that is different from the one the doctor who examined you came to, you may have valid grounds for a malpractice claim. If the misdiagnosis created additional problems and medical complications, then you may be able to recover compensation to pay for health-care costs.
4. Informed consent is critical before a procedure.
Informed consent is an important aspect of any medical procedure. The law requires your doctor to obtain informed consent before you undergo any operation.
Informed consent means that the doctor must explain the procedure, as well as all potential risks and side effects. He or she must also alert you of any other options or alternatives to the recommended procedure. If your doctor failed to obtain informed consent from you prior to the procedure, then you may have valid grounds for a malpractice claim.
If you are suffering from injuries or if you have concerns following a questionable medical procedure, contact New Orleans medical malpractice attorney David A. Bowling. At the The Bowling Christiansen Law Firm, we can evaluate your case and guide you through the malpractice claims process.