Medical Malpractice Louisiana
Medical malpractice or medical negligence is when the legalized standard care is
not maintained or is violated by a health care provider when providing treatment to a patient, which causes the patient to suffer either an injury or in worse cases, even death.
Medical malpractice involves an action or the lack of initiative to take appropriate action when required. Therefore, wrong diagnosis or a failure in diagnosing or treating a medical condition. An inexplicable delay in treating a diagnosed medical condition can also result in a malpractice lawsuit.
Licensed health care providers, which include doctors, psychologists, counselors, and even psychotherapists, are all liable to be sued for medical malpractice.
Medical malpractice claims for injury or death must compulsorily be filed within one year from the date of the alleged act, omission, or neglect. In the case of a discovery of the malpractice later than the death, the claim must be filed within one year from the date of discovery of the alleged act, omission, or neglect.
No exceptions for claims filed beyond three years from the date of the alleged act, omission, or neglect.
Medical Malpractice New Orleans Lawyers:
The Cochran Firm Metairie: A Bar Registry Firm -indicating its status is preeminent in the medical malpractice area.
Needless to say, its principal practice focuses on medical malpractice cases. They also cover cases related to patient care.Mr. Jeffrey A. Mitchell is senior managing partner. They have around 30 offices throughout the nation.
There is a limit on Malpractice Damages that can be claimed in Louisiana. Total damage recovery from
medical malpractice louisiana cases should be within $500,000.00, and
this does not include future medical care and other associated benefits. The liability limit is $100,000.00 for each health care provider.
The Rule of Collateral Source states that the defendant is not allowed to attempt to reduce his or her liability limits on evidence of the chances that the plaintiff may have received compensation from other sources, for example from the plaintiff's insurance coverage.
There are also limits on the Expert Witnesses that testify under the Louisiana law; the medical expert witness can only be a licensed physician who is trained in particular condition at issue on hand. He or she must possess knowledge of the current applicable standards of care and treatment. Additionally, a medical review panel may be called upon to supply their findings, which can be used as expert testimony.
There is a standard and traditional rule of joint and several liability, in which if more than one defendant is deemed to be liable for an injury to the petitioner, then each defendant is singly liable for the total amount of the judgment, which means that if one defendant cannot pay the other defendant(s) will be liable to
pay the entire amount of the judgment.
However, in Louisiana, joint liability has been abolished with the exception of conspiracy cases in committing a willful or intentional act. If this is not the case, then defendants are liable to pay damages proportionate in amount to their error.
by: Sam deny
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