Medical malpractice lawsuits can be complex and involve multiple parties, including doctors, hospitals, insurance companies, nurses, and other healthcare providers. To understand if you have a claim, it is essential to comprehend the legal process and some examples of medical negligence. At Gilman & Bediyan, we have obtained some of the best jury verdicts in medical negligence and personal injury cases. We handle birth injury cases across the country in collaboration with a local lawyer.
In Louisiana, the discovery rule is used to avoid punishing the injured party for not discovering their injury. If you are successful in your medical negligence lawsuit, you will be awarded compensation for damages in accordance with the doctrine of pure comparative fault. An appeal allows a higher court to review the actions of a lower court to determine if the law was properly applied. However, Louisiana law generally does not recognize the award of punitive damages in a personal injury action.
When filing a medical malpractice lawsuit against a qualified healthcare provider, you must meet certain criteria. Qualified health care providers are those who choose to enroll in the Louisiana Patient Compensation Fund. In determining whether a witness is qualified based on their training or experience, the court will consider whether, at the time the lawsuit was filed or at the time the testimony was given, the witness was certified by the board or had other training or substantial experience in an area of medical practice relevant to the lawsuit and is active in that area of medical practice. If you file a lawsuit against a public health care provider, you must comply with the law described in the State Services Malpractice Liability Act.
In a medical negligence case, the person filing the claim may need to be medically evaluated to confirm that the injury they are complaining about actually exists. When medical negligence causes serious injury, death, or loss of chance of survival, Thompson, d'Entremont & Hebert, LLC is prepared to take action against negligent hospitals, doctors, and other healthcare providers. Looking at a variety of firms will give you a good idea of what each one provides and will help you decide which one is best for you. If you believe that you have been injured due to medical negligence in Louisiana, it is important to contact an experienced attorney who can help you understand your rights and options.
Our lawyers have extensive experience handling medical malpractice cases and can help you get the compensation that you deserve.