Medical negligence or medical malpractice (med-mal for short) is when an individual seeks out medical care from a licensed medical professional and the professional acts beyond the normal standard of care for that type of procedure and an injury results. It is similar to regular negligence but it requires a medical professional. Therefore, having a skilled medical malpractice attorney on your side can be extremely beneficial during this hard time.
A recent JAMA study indicating that medical negligence is the third leading cause of death in the US behind heart disease and cancer. The article states that over 3 billion dollars are paid out annually in med-mal judgments or settlements. The stakes are high with medical malpractice, however, the threshold for entry is also high.
Personal injury or any other bad outcome from a medical procedure is not the only requirement for a medical negligence claim. A claimant anywhere in Louisiana, Texas, or California must show that the medical provider deviated from the ordinary standard of care for that particular procedure and injury or damages resulted.
This is no easy task. Most lawyers turn down medical malpractice cases because there is such a high burden and the need for expensive experts is a must.
Here in Louisiana, medical malpractice has its own set of rules and regulations when claims are made. Louisiana Revised Statute §40:1299.41 et seq lists out the procedure and rules for making a medical malpractice claim.
There are statutory limits to recovery for certain covered acts, medical review panels (La R.S. 40.1299.47) which make decisions on whether there was negligence or that the doctor acted reasonably. Louisiana has a statutory “Patient’s Compensation Fund” (La R.S. Art 40:1299.44) which regulates the payouts and insures participating medical providers.
Participating medical providers are required to carry malpractice coverage under the act.
At Smiley Law Firm, an experienced New Orleans medical malpractice attorney can help you get the compensation you deserve due to medical malpractice. Not all cases will qualify, but the cases that do qualify could offer compensation for the injured victim.