Handling Medical Malpractice Claims For Louisiana Victims
Health care providers in Louisiana must follow safety guidelines and medical safety guideline standards that are designed to make sure patients are not exposed to unreasonable or unnecessary health risks. When health care providers fail to follow those safety guidelines and standards, it may result in a serious or even fatal injury to the patient. If you believe you were a victim of medical malpractice, contact a Lake Charles medical malpractice lawyer.
At the law firm of Lee M. Schwalben, M.D., J.D., LLC, we help individuals and families whose lives have been changed due to medical malpractice. As a lawyer who has also practiced medicine, attorney Lee M. Schwalben, M.D., J.D., LLC understands how to define the applicable medical standards, review the violation of these standards and clearly show the link between this violation and the injury suffered by the patient.
While all of these cases are examples of medical malpractice, they all require different forms of evidence and unique approaches. Every case is unique, which is why an attorney is such a vital part of every medical malpractice claim. They can break down your case and create an effective strategy to help with your recovery.
Any type of medical negligence could result in a debilitating or fatal injury. For a person harmed by malpractice, it is crucial to obtain compensation for medical bills, lost wages for time off work, lost earning capacity, pain and suffering, and other damages. Speak with an attorney who is a former doctor and can fully understand the medical issues involved in your situation.
In order for a case to be considered medical malpractice, usually, some form of injury must have occurred due to a medical provider breaching their standard of care. Most medical professionals are beholden to a set standard of care, and if their action or lack of action violates this set standard, it is considered to be a breach. If this breach caused damage to a patient in the form of an injury, they might be able to file a claim against the provider for monetary compensation.
These cases can be difficult to prove and involve many steps and procedures. That’s why hiring an attorney is so important. They can navigate the difficulties of a medical malpractice claim by obtaining evidence, testimonies from other professionals, and more to prove that you were harmed as a result of medical malpractice.
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The average medical malpractice settlement consists of both non-economic and economic damages. Economic damages are costs such as medical expenses and missed wages if you were unable to work. Non-economic damages are considered costs like pain and suffering or other emotional damages that occurred as a result of the injuries associated with medical malpractice. Contact an attorney for an exact breakdown of what you might be entitled to.
Before filing a claim for medical malpractice in Lake Charles, you must first have your case heard by a medical review panel to see if the evidence you have is potentially enough for a medical malpractice claim. If the panel believes it is a valid claim or does not respond after a prolonged period of time, a claim may then be filed.
Louisiana has a medical malpractice damages cap for all damages, both economic and non-economic combined. This means that plaintiffs may not receive a compensation amount that is greater than the cap. The only exception to this rule is for future medical expenses as a result of long-term injuries. For more information on what rewards you might expect to receive, contact a medical malpractice attorney.
The statute of limitations on medical malpractice is the time limit by which plaintiffs must file a claim. If a claim is filed after this point, it will most likely be considered invalid by the court. However, the statute does not include the time it takes for a medical review panel to review the case. If the injuries were noticed after the time limit passed, the court might consider an extension if the event happened recently enough.
If you have been injured as a result of the carelessness or negligence of a medical provider, you have a right to learn more about your options for a medical malpractice claim. Take the next step by working with an attorney who helps people with their recovery. For more information on your medical malpractice claim, schedule a consultation with Lee M. Schwalben, M.D., J.D., LLC.