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September 2, 2022

New Orleans Medical Malpractice Lawyer

What Is Medical Malpractice or Med-mal?

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 New Orleans medical malpractice lawyer on your side can be extremely beneficial during this hard time.

There are four main elements to a medical malpractice case that must be proven in order for the individual to be successful. These include:

First, it must be shown that the medical professional had a duty of care to the patient. Second, it must be demonstrated that this duty of care was breached. Third, it must be proven that the breach of duty led to an injury. Lastly, it must be shown that the injury resulted in damages.

medical malpractice lawyerA recent JAMA study indicates that medical negligence is the third leading cause of death behind heart disease and cancer in the US. 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.

A personal injury lawyer 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.

A personal injury lawyer is a professional who helps people who have been injured in an accident to claim compensation. They work with insurance companies and negotiate settlements on behalf of their clients. If you have been injured in an accident, you may be able to claim compensation for your injuries. A personal injury lawyer can help you to understand your rights and can advise you on the best course of action.

A medical negligence claim is a legal process that allows people to recover compensation if they have been harmed by a healthcare professional’s careless or reckless actions.

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.

Malpractice in Louisiana

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 and medical review panels (La R.S. 40.1299.47) that make decisions on whether there was negligence or whether 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 Injury Law, an experienced New Orleans medical malpractice lawyer 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.

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