3 Facts You Should Know About Medical MalpracticeJuly 21st, 2017
Medical professionals have a duty to provide reasonable and attentive care to each and every one of their patients. If they breach this duty and a patient sustains a serious injury or an illness as a result, he or she has the right to file a medical malpractice claim.
Medical malpractice can have devastating consequences, and some patients never make a full recovery. The cost of medical bills and lost wages can be overwhelming, but you might be able to recover these losses by filing a claim.
David A. Bowling of The Bowling Christiansen Law Firm can evaluate your case to determine if you were in fact a victim of medical malpractice. He will gather evidence, interview your healthcare providers, and help you fight for the maximum settlement. Call (504) 586-5200 to schedule a consultation with a pharmacy error lawyer in New Orleans.
Read on to learn three facts you should know about medical malpractice in Louisiana:
1. There Is a Cap on Damages
In the state of Louisiana, medical malpractice victims may only recover up to $500,000 in damages, though this cap does not apply to medical bills.
2. Doctors Who Commit Malpractice Do Not Necessarily Lose Their License to Practice
According to USATODAY, thousands of doctors who have a history of committing malpractice retain their medical licensing and continue treating patients all around the country. Sadly, this includes doctors in Louisiana.
The Times-Picayune reports that between 2003 and 2013, just 27 doctors lost their license to practice medicine in our state. When it comes to malpractice, the Louisiana State Board of Medical Examiners believes that doctors who commit malpractice may need additional training, but they are not necessarily incompetent.
3. Malpractice Victims Have a Small Window in Which to File a Claim
Every state has a statute of limitations for filing a medical malpractice claim, and the deadline in Louisiana is relatively short. Injured patients have just one year from the date of the alleged incident to file a lawsuit against the negligent healthcare provider.
If your injuries were not immediately apparent, the time does not start ticking until you discovered your injuries or when they should have been reasonably discovered. It is important to remember that if your injuries were not obvious right away and you are relying on the discovery rule to demonstrate that the statute of limitations has not passed, the burden of proof lies with you. You must be able to prove that you could not have reasonably known about the botched medical procedure until you decided to take action.
If you received substandard medical care or the wrong prescription, a pharmacy error lawyer from The Bowling Christiansen Law Firm can help you pursue compensation for any damages that you incurred as a result. Call (504) 586-5200 to schedule a consultation with a medical malpractice attorney in New Orleans. You can learn more about medical negligence in Louisiana by visiting USAttorneys.com