What Are Common Challenges of Winning a Medical Malpractice Claim?August 8th, 2016
If a patient suffers an injury or illness due to the negligence of a health-care worker, then the former may have grounds for a medical malpractice claim. However, winning a medical malpractice claim is a legally complex process that may require the testimonies of economists and other experts, careful evaluation of doctors’ records, independent medical examinations and other evidence to prove negligence, liability and damages.
If you intend to make a medical malpractice claim, be prepared for an uphill legal battle. David A. Bowling is a medical malpractice lawyer in New Orleans who will passionately and aggressively represent your interests.
Mr. Bowling has more than 30 years of trial experience, and he will give your case the individual attention that it deserves. Call (504) 586-5200 to schedule a consultation with the The Bowling Christiansen Law Firm.
In the meantime, read on to learn about some of the challenges involved in making a medical malpractice claim:
Proving Negligence by the Doctor
Just because your treatment was unsuccessful does not mean that your doctor acted negligently. You or your medical malpractice attorney will have to prove that your doctor’s actions constitute malpractice.
When a patient makes a medical malpractice claim in Louisiana, he or she will have to file papers to request a panel of experts to review the case and determine if malpractice indeed happened. You will include any evidence of malpractice in this documentation.
The panel, which will be composed of one attorney and three doctors, will determine if the case qualifies for compensation from the Patient Compensation Fund. This involves:
Determining if the offending doctor was a qualified health-care provider under PCF regulations;
Determining if the health-care provider’s actions constitute malpractice;
And determining if the malpractice caused the defendant’s injuries.
You or your medical malpractice attorney will have to provide evidence to demonstrate that your doctor was a qualified health-care provider, that his or her actions constituted malpractice, and that your injuries were caused by the malpractice.
Hiring the Right Medical Malpractice Lawyer
Although you do not need to hire an attorney to make a medical malpractice claim, this is usually a good idea. Your medical malpractice attorney can handle the legal aspects of your claim so you can focus on recovery.
Your medical malpractice lawyer can talk to witnesses, evaluate doctors’ records, arrange an independent medical examination, and gather other evidence to help you prove negligence, liability and damages. Without the help of an attorney, you could make a crucial mistake such as signing a general release, overlooking certain damages or accepting a low settlement.
However, not all medical malpractice attorneys are reliable. It is important that you find a lawyer who will give your case the individual attention that it deserves.
Ask your prospective attorney how many medical malpractice claims he or she has handled. What were the outcomes? How many cases has he or she taken to trial? You should only hire a lawyer who has successfully handled cases that are similar to yours.
If you were injured due to medical malpractice, or if your loved one died due to a health-care worker’s negligence, turn to the The Bowling Christiansen Law Firm. David A. Bowling is a New Orleans wrongful death lawyer who can assess your claim and help you fight for the maximum compensation. Call (504) 586-5200 to schedule a consultation.