St. Helena Parish Medical Malpractice Lawyer
When you are sick or injured, you may rely on the expertise of doctors and other medical professionals to provide you with the medical treatment you need. In the end, doctors are human—and humans make mistakes.
Under some circumstances, it is possible to recover monetary damages from the party responsible for your medical injury. However, medical malpractice cases can be complicated and require a thorough understanding of both medicine and the law.
If you suffered a severe injury due to the negligence of a medical professional or hospital, you may benefit from discussing your situation with a St. Helena Parish medical malpractice lawyer. An experienced personal injury lawyer can provide the professional assistance you may need to achieve a successful outcome for your claim.
Prerequisites for Filing Suit
In many cases, a potential plaintiff with a medical malpractice claim must participate in what is known as the Louisiana Medical Review Panel before filing a malpractice lawsuit. A St. Helena Parish medical malpractice attorney can offer guidance throughout this key component of a malpractice case.
How Does the Medical Review Panel Process Operate?
When a plaintiff submits their medical malpractice claim, a panel of healthcare providers reviews it. This lengthy process is meant to eliminate potential claims and limit the volume of medical malpractice lawsuits in the court system.
During the review process, the panel considers whether or not the healthcare provider met the standard of care they owed to the plaintiff and if not whether it caused the harm. While a plaintiff can represent themselves during the process, they may benefit from the help of a St. Helena Parish medical malpractice lawyer when it comes to collecting the required documentation to support their claim.
Attorneys for the defendant have an opportunity to make their case during this process as well. Once the panel finishes reviewing the case, they would inform both parties of their decision, and the winning party must pay the costs for the panel. Regardless of the decision, a plaintiff has a right to file a suit after the review panel process is over.
What Is the Role of the Patient’s Compensation Fund?
Most medical professionals and hospitals voluntarily enroll in Louisiana’s Patient’s Compensation Fund (PFC). This is because a malpractice injury victim can only file a lawsuit against an enrolled PCF party after the claim has gone through the Medical Review Panel process. Enrollment in the PCF also provides a cap on the maximum damages available in a medical malpractice claim.
Filing the Malpractice Lawsuit
An injured patient in St. Helena Parish and their lawyer cannot file a medical malpractice lawsuit until the MRP process finishes reviewing their case. Once the review panel issues its decision, the injured party must file their lawsuit quickly.
A plaintiff must file their lawsuit within 90 days of the decision. An experienced attorney may use the MRP’s decision as evidence at trial and may also call panel members as experts to testify.
Contact a St. Helena Parish Medical Malpractice Attorney
Prevailing at trial on your medical malpractice claim can be difficult regardless of the decision made by the MRP. In truth, though, healthcare providers control the review process, and MRP decisions do not represent your real chances at trial. To hold the medical professional or hospital responsible for your injuries accountable, contact a St. Helena Parish medical malpractice lawyer to discuss your case.