LA Med Negligence Law
Medical malpractice refers to instances when healthcare professionals deviate from accepted professional standards and harm patients as a result. In Louisiana, malpractice claims require proving three main elements: a duty of care, breach of that duty, and resulting injury or death. Most medical malpractice claims hinge on expert testimony, and it’s a requirement in the state.
Experts help provide context for the LA Med Negligence Law issues at hand and can assist in interpreting complex case details. The legal standard for informed consent, for example, demands that healthcare providers adequately enlighten patients on the risks, benefits, and alternatives of a proposed treatment or procedure. Failure to comply can make a patient less likely to consent to the treatment, which could potentially be considered negligence.
Informed consent can also be a key element of malpractice cases involving the administration of drugs and certain surgical procedures. In these cases, the plaintiff must demonstrate that the healthcare provider failed to disclose important information about the medication or surgical procedure, which led to an adverse outcome or harm. The healthcare provider must have a reasonable basis for believing that the information was relevant to the patient’s decision making process.
The state’s law on malpractice liability includes strict limits on monetary damages and requires healthcare providers to submit malpractice claims to a panel for review before a lawsuit can be filed. These requirements are meant to weed out unsubstantiated medical malpractice claims and promote the safety of the public. In addition, the law imposes a “clock” for the statute of limitations—the time limit within which a medical malpractice lawsuit must be filed—which pauses when a healthcare provider submits a request for a review panel (more on this topic below).
A physician or other healthcare professional can defend against malpractice claims by arguing that the plaintiff’s own actions contributed to the adverse treatment outcome. This can include failing to follow post-surgery instructions, supplying incorrect health history, or other similar mistakes. If a physician successfully proves that the plaintiff’s own actions contributed to their injury or death, they can avoid liability.
Despite the strict standards and stringent requirements in place, malpractice claims against healthcare providers can still go wrong. That’s why it’s so important to work with an experienced and knowledgeable medical malpractice attorney. A skilled lawyer can evaluate the circumstances of your claim, identify potential defendants and evidence for the case, and fight to get you the compensation you deserve.
The attorneys at Nelson & Hammons are passionate advocates for victims of medical malpractice. Our senior attorneys John Hammons and Cornell Flournoy have been fighting for the rights of injured patients for over 35 years, and they’re joined by experienced team members William W. Murray, Jr., R. Clayton Christian, Anna Maria Sparke, and Sera Russell. Contact us today to schedule a free consultation and learn more about how we can help you with your medical malpractice case. We are located in Baton Rouge, but we serve clients throughout the nation.