Hammond Medical Malpractice Lawyer

Receiving negligent medical care can detrimentally impact a patient’s life, sometimes resulting in permanent consequences. Medical professionals and institutions are obligated to meet an appropriate standard of care when providing treatment to patients. If they fail to do so, they could be held liable and have to pay damages to a patient who was harmed by their actions.

If you believe you received inadequate medical care, it may be helpful to consult a Hammond medical malpractice lawyer. A dedicated injury attorney could explain your options and help you receive adequate financial compensation for your suffering.

Standard of Care in Medical Malpractice Cases

Medical malpractice cases require a patient to prove that a health care provider did not meet the necessary standard of care when treating them. The definition of this standard is the care that a similarly trained and licensed person would provide in similar circumstances.

Medical practitioners make mistakes, and the patient harmed by the mistake does not necessarily have grounds to seek damages from the provider who made the error. A Hammond medical malpractice attorney in the area could analyze the situation and seek input from a medical expert about whether a health care provider met the standard of care in a particular case.

Sometimes failure to meet the standard of care is clear, such as when a surgeon leaves a foreign object in a person’s body, or when a nurse administers the wrong medication, but most medical malpractice cases are not that simple. For example, failure to make a correct diagnosis is the most common basis for a medical malpractice suit according to the American Bar Association. Proving that a physician failed to meet the standard of care in missing a diagnosis or incorrectly diagnosing a patient usually requires the input of experts in the field.

The Patient Compensation Fund

The state has a voluntary system in which healthcare providers have an option to pay into the Louisiana Patient Protection Fund, and in return, they receive some valuable protections. The majority of providers in the state choose to participate in this fund.

When a plaintiff brings a malpractice lawsuit against a provider who is a fund member, a medical review panel consisting of three physicians guided by an attorney chairman must first review the case. The panel will rule on whether the accused physician met the standard of care in their treatment of the plaintiff. Although the panel’s rulings do not affect the plaintiff’s right to bring a lawsuit, the rulings can be introduced as evidence. For this reason, it may be important that plaintiffs have an experienced Hammond medical malpractice attorney present their case to the panel.

If a plaintiff wins a malpractice suit, the providers could be personally liable for a maximum of $100,000. The fund pays any excess award of damages up to the highest amount allowed by Louisiana Revised Statutes §40:1231.2 and 40:1231.4(C), which is $500,000. However, the fund will pay for any ongoing medical treatment that the plaintiff requires because of their malpractice-related injury or condition, and the cost of that treatment is not deducted from the plaintiff’s damages award.

A Hammond Medical Malpractice Attorney Could Fight for You

Medical malpractice suits are complicated, and bringing your case before a judge or jury involves significant preparation. The guidance of a knowledgeable legal professional could make a difference in the amount of damages you eventually receive. A compassionate Hammond medical malpractice lawyer at Kopfler & Hermann could help you and your family navigate the path to recovery. Schedule a case review today.