Can Medical Malpractice Lawyers Help You?
When you trust someone to take care of you, it’s hard to admit something isn’t right. And when it’s not, get the help you deserve from a professional you can really trust. Trust in a medical malpractice attorney to take you through the entire process of a lawsuit due to a negligent medical situation when you choose WCW. Malpractice lawyers specialize in working deals that delve deep into medical negligence. Such as injuries sustained at fault of a doctor or medical staff. On the other hand, if you are a physician falsely accused of negligence, a malpractice attorney can help defend your case. While some personal injury cases are settled without a lawyer, malpractice cases cannot be. You need to be selective when seeking a Baton Rouge lawyer, otherwise getting the settlement you deserve will be difficult.
The Process
Medical malpractice claims differ from any other type of personal injury litigation. The Louisiana Legislature implements a special procedure for all medical malpractice cases. To begin, your medical malpractice claim must first appear before a Medical Review Panel. This panel consists of three doctors and a non-voting attorney chairman.
The panel reviews the facts of the case and either approve or disqualifies the case. Then the panel judges if the health care provider breached the standard of care. Additionally, they judge if the malpractice claim relates to the claimed injury. Only then is a suit filed against the medical provider for their negligence.
Do You Have A Medical Malpractice Case?
To prove that medical malpractice transpired, you will first need to be able to prove all the following:
A Doctor-Patient Relationship Existed
You must attest you had a physician-patient relationship with the doctor you are suing. This means you paid a doctor, and they agreed to take you on as a patient. For example, you can’t sue a physician because you overheard him giving medical advice to someone else in public.
It’s easy to prove a physician-patient relationship existed. But this line can get skewed when a consulting physician doesn’t directly treat a patient.
The Doctor Was Negligent
In medical malpractice cases, you must prove beyond a reason of a doubt that the doctor was negligent. Said negligence has to appear in either the diagnosis or treatment of the patient. To sue for malpractice, you have to show the doctor caused you harm in a way a competent physician wouldn’t. Although, the doctor’s care is not required to be the best possible, but “skillful and careful within reason.” This liest the heart of most malpractice cases.
The Doctors Negligence Caused Lead To Specific Damages
Malpractice cases often involve parties that were sick or injured beforehand. It’s the lawyers’ job to prove damage created by the doctor’s negligence. The patient can’t sue for malpractice if they didn’t suffer any harm. Even if the doctor performed below the expected standards.
Find A Medical Malpractice Lawyer In Baton Rouge
If you have suffered due to the negligence of a medical provider, you need an experienced team to help you navigate through this complicated process. Contact the personal injury lawyers at WCW to assist you with your medical malpractice claims. We only collect a fee if we win or settle your claim. Fill out a form online or call us at 225-383-4010 today!