St. Mary Parish Medical Malpractice Lawyer
Medical malpractice is a type of legal case involving a doctor or other medical professional who deviates from the standard of care, resulting in harm to a patient. Some examples of of this negligent treatment include surgical error, birth injury, misdiagnosis, and failure to diagnose. While the responsible party in a medical malpractice lawsuit is often a doctor, other medical professionals such as nurses and pharmacists can be liable as well.
If you or a loved experienced mistreatment by their health care professional, then you should contact a St. Mary Parish medical malpractice lawyer. Given the complexity of such cases, you should find a local personal injury attorney with experience handling these cases. Your case may involve expert witness testimony, high-stakes negotiations, and other factors best handled by seasoned legal counsel.
Proving Medical Malpractice
In St. Mary Parish, the plaintiff in these lawsuits must prove that the defendant provided negligent treatment by a “preponderance of the evidence.” This means that the plaintiff must show that it is more likely than not that the defendant did not treat their patient with the necessary standard of care. A St. Mary Parish attorney can help a claimant in a medical malpractice case prove the necessary elements required to establish liability.
Standard of Care
The standard of care is the type and level of care that an ordinary medical professional with similar and training and experience would have exercised under similar circumstances. The testimony of medical experts is required to establish the standard of care that a physician should have followed, given the circumstances.
Breach
Additionally, a plaintiff must demonstrate that the defendant failed in their duty to provide treatment consistent with the specialty’s prevailing standard of care. Here, an attorney may introduce evidence that shows that the defendant failed to exercise reasonable judgment or apply the required degree of skill in treating the plaintiff.
Establishing Losses
Finally, the plaintiff must prove that they have suffered losses while in the defendant’s care. These losses may include additional injuries or the aggravation of a existing condition.
Statute of Limitations
State law has a dedicated statute of limitations for medical malpractice cases. These claimants must file their lawsuit no later than one year after their losses either occurred or were discovered.
State law further mandates that no one may file a lawsuit for physician negligence if three or more years have passed since the alleged negligent act, regardless of when their losses were discovered. A St. Mary Parish attorney can help a claimant file their medical malpractice case before the statutory deadline expires.
Speak with a St. Mary Parish Medical Malpractice Attorney
When a doctor’s negligent behavior causes one of their patients to suffer significant losses, this individual should hold them legally responsible. A St. Mary Parish medical malpractice lawyer can help you take legal action against your treating physician if they failed to meet the standard of care. To learn more about how an attorney may be able to help you, schedule a case consultation today.