In Louisiana, medical malpractice cases are defined as an attempt to hold the doctor accountable for a medical error. These errors aren’t limited to surgical procedures alone. They can occur if the doctor fails to provide the right testing options or medication. They may be related to a prejudice that leads to the doctor providing lower than the required standard of care. The details below define policy and laws associated with these cases that are handled by a medical malpractice attorney.
Securing Credible Evidence
All medical records for the patient that are associated with the defendant are required for these cases. This includes any supplementary care provided by a second doctor to correct the defendant’s mistakes. The records must begin on the date in which care started and present details about how the identified condition was produced.
Filing the Legal Claim
The attorney acquires all documentation needed to start these claims. They start with a notification that is sent to the defendant informing them that a lawsuit has been filed. At this time, the defendant has the opportunity to present settlement offers to avoid a trial.
Meeting with the Hospital Board
As a form of mediation, the hospital board contacts the patient’s attorney. They schedule a hearing with the hospital board to attempt to achieve a resolution. The patient’s attorney and the attorney representing the hospital discuss these matters and negotiate a fair and reasonable settlement for the patient. If these efforts are successful, the hospital provides the settlement. If not, a trial is scheduled for the court.
How are These Claims Managed by the Court?
In a medical malpractice lawsuit, a jury is assigned to review all evidence presented. After all parties are questioned and testimony is presented, the jury must come to an agreement about the case. The judge also evaluates their decision to ensure that the case is managed appropriately.
In Louisiana, medical malpractice cases are presented after a doctor commits a serious medical error. In a majority of cases, the error causes irreversible damage or presents circumstances that are life-threatening. Any patient who has been wronged by their doctor contacts a medical malpractice attorney by visiting Gaarlawfirm.com today.
