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Fast action is needed to preserve a medical malpractice claim

October 6th, 2016
On behalf of David Bowling of The Bowling Christiansen Law Firm, A Professional Law Corporation posted in Medical Malpractice on Thursday, October 6, 2016.

This year is likely to be known as the year when the pervasiveness and true level of human destruction tallied by acts of medical malpractice was first brought to public awareness. Studies performed at one or more prestigious medical schools and university teaching centers revealed a fact that medical malpractice attorneys in Louisiana and elsewhere have long known or at least suspected. These studies reported that medical malpractice was the third largest cause of death in the country’s health care system.

Surgical errors and diagnostic failures together make up the biggest block of medical malpractice claims. A big chunk of serious injuries and deaths is inflicted on babies during the birth process. The required standard of care in medical negligence is one that is recognized in the profession as the minimum degree of care that must be met under a stated set of facts. This is a peer-imposed requirement demanding at least a minimum degree of competence by a medical practitioner or institution.

When one suspects that there may be an issue of malpractice involved in a death, it is recommended that prompt action be taken. The events should be reported to the medical providers themselves and to the medical licensing boards. It is also best to see a medical malpractice attorney promptly when the suspicion arises.

The need for legal counsel is because it will be difficult for a layperson to determine whether it is too late to file a claim. The malpractice attorney is the person best equipped to evaluate that issue and make a determination of whether a claim still exists under limitations statutes of Louisiana or any other jurisdiction. In addition, only an experienced medical malpractice attorney can advise a client whether medical negligence or medical malpractice has been perpetrated. This is usually done with the assistance of one or more medical evaluations from experts in their respective fields. Thus, the claimant or family representative should always act promptly to determine whether a claim exists.

Source:, “Medical Malpractice on the Increase“, Sara Williams, Sept. 26, 2016

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