Medical Malpractice And Louisiana's Injury Victims

Medical malpractice is a very specialized area of the law. Before an attorney can file a medical malpractice lawsuit in Louisiana, he or she must first make a claim with the Louisiana Patient's Compensation Fund (PCF).* The PCF will appoint an attorney chair who will contact the parties and request their selection of a doctor to be on the medical review panel.

The doctor you choose must be qualified in the same field of specialty as the doctor you are filing a claim against. The attorney chair will contact the doctors, who will decide on a third doctor to complete the medical review panel. The parties will then submit their evidence to the three-doctor panel and the panel will decide if the doctor or health care provider breached the standard of care. After the panel makes a decision, whether favorable to you or not, you may file a lawsuit in a court of law. This additional step of having to file with the PCF naturally increases the time it takes to handle a medical malpractice claim to completion.

A Trial Attorney To Help You When Doctor Or Hospital Negligence Caused Your Injury

If you reside in Louisiana and have suffered an injury that you believe may be related to a medical provider's error or improper level of care, call Tellarico Law Firm. For nearly 25 years, I have been protecting the rights of people injured by negligence throughout Louisiana. Call my office toll free at 800-662-6399 or contact me by email to arrange a free consultation to discuss your case with an experienced Alexandria medical malpractice attorney. From offices in Alexandria, I represent people injured by medical malpractice and nursing home negligence in parishes throughout Louisiana. I handle all personal injury and insurance litigation cases on a contingency fee basis. You will pay NO attorneys' fees unless I help you recover monetary damages.

Throughout your case, I will be available and responsive to your calls and questions. As a solo attorney, I offer the advantage of being able to work directly with my clients.

Common types of doctor, nurse and surgical negligence that can result in medical malpractice include:

  • Failure to diagnose, misdiagnosis of a serious disease or medical condition
  • Surgical errors, including anesthesiology mistakes
  • Post-surgery infections and other post-operation errors
  • Medication errors
  • Birth injuries to baby and/or mother
  • Nursing and hospital errors, dehydration and malnutrition
  • Emergency room errors
  • Nursing home errors, falls, bedsores, transport injuries, medication mistakes

What Does It Take To Win A Fair Settlement Or Jury Verdict?

The fact that a medical procedure is unsuccessful or harms a patient does not automatically mean that medical malpractice took place. No medical procedure is guaranteed and they all pose risks that your doctor or health care provider should disclose to you beforehand. To prevail in a medical malpractice claim, you must prove that the doctor or health care provider deviated from the standard of care. That means that the doctor or medical provider did something or failed to do something that is the generally accepted method or methods used by other medical professionals in the same area of specialty and care for patients under the same or similar circumstances.

Injury Or Damage

In addition to proving that the doctor or health care provider was negligent, you must prove that the error caused you injury or damage. Amputation of the wrong limb, brain damage after an operation, a medical condition or disease that worsened after treatment, or even death are good examples of injuries or damage. In short, unless you've been harmed, there's no medical malpractice case.

As a general rule, you'll need at least one medical expert witness qualified in the same specialty as the doctor you have made a claim against to explain the standard of care that applies to your case and how your doctor breached that standard of care and how the malpractice caused your injury. These expert witnesses are almost always other doctors or medical professionals.

Statute Of Limitations Is Referred To As The Prescription Period

The statute of limitations, or what is called the prescription period in Louisiana, is the time period in which you have to file your claim. In Louisiana, you generally have one year from the date of the malpractice. There are exceptions that allow up to three years. Call me to discuss your circumstances.

Contact An Experienced Louisiana Attorney For Doctor Negligence

Will the lawyer you hire really make a difference in the outcome of your Louisiana medical malpractice case? It will cost you nothing to get your questions answered by an experienced personal injury attorney. I offer a free consultation to explain your legal options. You pay no attorneys' fees unless I help you recover monetary damages in a settlement or trial verdict. Even the phone call is toll free800-662-6399. You can also use the convenient contact email form to send me details about your case.

Free Consultation | No Attorneys' Fees Unless I Help You Recover Money

My office hours in Alexandria are 8 a.m. to 5 p.m. weekdays and I will make evening and weekend appointments by special arrangement. If your injuries or circumstances won't allow you to travel, I can make arrangements to meet at a time and place convenient for you and your family.

*http://www.doa.louisiana.gov/pcf/