subject: Medical Malpractice In Louisiana New Orleans [print this page] A brief A brief
Medical malpractice is referred to the act of negligence by a medic in the diagnosis or treatment of his patient as par the standards and regulations of medical practice. The guidelines for medical malpractice are different in different countries. Hence medics may obtain insurances to avert the threats involved in lawsuits filed against them based on medical malpractice.
Different types of medical malpractice cases include-
Delay or failure in proper diagnosis
Surgical errors
Anesthetical errors
Brain & nerve injuries
Prescription drug errors
Errors in CAT Scans,MRIs & X-rays
Injuries in pregnancy and childbirth conditions
Cardiological errors
In the prvailing system where the healthcare treatments are so expensive ,a very small percentage of victims actually get any compensation. Moreover in most states malpractice laws remain unedited since a long time now which makes trials more difficult. So most accused doctors pay a minimal amount as the coverage for malpractice. This not only affects the victims but also affects the economy in a big way. Thus handling medical malpractice cases require proper guidance of a lawyer who is knowledgeable enough in the field of law as well as medicine to help the client claim his losses. When faced with an incident of medical malpractice the victim party must perform the following steps towards a positive outcome
1.Cost effective procedure- A Medical Malpractice Louisiana case is expensive & time consuming so the victim must be assured beforehand that he has sufficient record proofs to file a case. Moreover as par rules in Louisiana the victim must file the case for damage recovery claim within one year of discovery of malpractice.
2.Appointing a lawyer- Look out for a reputed and experienced lawyer who has already handled & gained success in cases involving medical malpractice new orleans. Apart from taking recommendations a valuable method of finding the right attorney is by checking his Martindale Hubbel rating which acknowledges the lawyerss ability on the basis of worldwide standards. Another reference could be to check if the lawyer has got any certification from ABPLA.ORG which also counts.
3.Discussing the case with your lawyer effectively this involves helping your lawyer friend scrutinize the case from every aspect so that he can judge if at all the victim stands a case.Providing him with sufficient medical records of the patient & referring a consulting testifying medic.
4.Cap on damages Louisiana laws include all kinds of damages except for the medical expenses. They permit 2 types of damages - General damages or special damages. Whatever be the damage amount the maximum amount permitted is $500,000 + interest or medical expense.
5.Contingency fee share & medical expert cost In case the victim party wins the laywers fee usually varies but usually they claim 40% of the total claim recovery. The medical expert cost ranges from $350-$500 per hour to $2500-$4000 per day.
Whatever be the outcome the ultimate aim is to reduce medical malpractice.
