Are You Seeking Justice in The Aftermath of a Medical Mishap?
In the world of healthcare, trust is everything. We count on capable medical professionals to care for us when we’re sick or injured. But sometimes, things go wrong, and medical mistakes happen. It can be devastating when that trust is broken due to medical negligence.
At Hammond Law Firm LLC, we get it. We know how deeply medical negligence can affect your life.
We aim to provide you with legal advice, understanding, and support. If you’re seeking justice after experiencing a medically negligent injury, know that our medical negligence lawyers in New Orleans, Louisiana, are here to help you through this journey and work towards a fair resolution.
What Is Medical Negligence in New Orleans, LA?
It is a matter of grave concern when a healthcare provider, be it a doctor, nurse, or medical institution, fails to meet the standard of medical care expected within the medical and healthcare community. That lapse in care can lead to serious patient harm or injury, and understanding the legal framework surrounding medical negligence is essential.
Here are some essential aspects to keep in mind when trying to prove your claim:
- You have to prove there is a breach in the standard of care that a competent healthcare provider should deliver.
- Proving a medical error is not enough. You have to prove a link between the negligence and your injury legally.
- Medical negligence can take diverse forms. It encompasses misdiagnosis, surgical errors, medication mistakes, birth injuries, failure to diagnose, and more.
- Your compensation may be reduced proportionally if you are found partially at fault for your injuries.
- If your fault is determined to be 50% or more, you may not be eligible for any damages.
As a victim, you have the legal right to seek compensation for your medically negligent injury. Contact our law office and schedule a free case review with our New Orleans medical negligence lawyer today.
What Injuries Are Common in Medical Negligence?
In medical negligence cases, a wide range of injuries can occur, and the specific injuries can vary depending on the circumstances of the negligence. However, some common injuries include:
- Misdiagnosis or Delayed Diagnosis
- Surgical Errors
- Medication Errors
- Infections
- Birth Injuries
- Anesthesia Errors
- Pressure Ulcers (Bedsores)
- Fall Injuries
- Inadequate Informed Consent
- Foreign Objects Left Behind
It’s essential to consult with a qualified medical malpractice lawyer to assess the specific circumstances of your case if you believe you or a loved one has been a victim of medical negligence.
How Long Do I Have to File My Claim in Louisiana?
In Louisiana, you generally have one year from the date you discover or should have discovered the medical negligence to file a claim. If the victim is a minor, they typically have until their 19th birthday to file a claim.
It’s crucial to be aware of and adhere to these legal time limits, as failing to do so can result in the loss of your right to pursue a medical negligence claim. Consulting with a qualified medical negligence lawyer in Louisiana can help you understand and meet the specific deadlines that apply to your case.
What Do I Need to Support My Medical Negligence Injury?
You’ll need several key pieces of evidence and documentation to support a medical negligence injury claim. Here’s what you should gather:
- Gather complete medical records, including diagnoses, treatments, and provider communications.
- Document injuries, scars, or visible effects caused by the negligence.
- Obtain statements from any witnesses present during the incident.
- Consult with medical experts for assessments and potential testimony.
- Maintain medical bills, lost wages, and related expense records.
- Seek guidance from an experienced medical negligence attorney.
Maintain a personal journal noting the progression of your injuries and their impact on your daily life.
What Damages Am I Eligible for In a Medical Negligence Claim?
In a medical negligence case, you may be eligible for two main types of damages:
● Economic Damages:
These cover quantifiable financial losses such as medical bills, lost wages, rehabilitation costs, and future medical expenses directly related to the negligence.
● Non-Economic Damages:
These address non-financial losses, including pain and suffering, emotional distress, loss of enjoyment of life, and other intangible harms.
If you believe you or a loved one has suffered a medically negligent injury, seeking legal counsel is a crucial step in understanding your rights and pursuing a claim within the legal framework of New Orleans.
Are There Damage Caps in Medical Negligence?
In Louisiana, there are limits, called damage caps, on the amount of money you can receive if you win a medical malpractice case. Here’s how it works:
1. General Damage Cap:
Louisiana law sets a cap at $500,000 for certain damages like pain and suffering, emotional distress, and other non-economic losses in medical malpractice cases – be it injury or wrongful death.
2. Collateral Source Rule:
Louisiana also has a rule that can reduce the amount of money you receive if your medical bills are paid by insurance. That rule prevents “double-dipping,” where you get paid twice for the same expenses.
Keep in mind that these limits can change over time, so it’s important to talk to a medical negligence lawyer in New Orleans for the latest information on how damage caps might affect your medical negligence case in Louisiana.
What Are My Options If My Medical Negligence Claim Is Denied?
Such claims are difficult to prove and might even receive some friction in the legal process. Here are some legal options you can explore with our law firm to secure the compensation and damages you are entitled to:
Appeal the Decision:
If you believe the denial is unjust, consider appealing it. Consult your attorney to assess the feasibility of this option.
File a Lawsuit:
You can file a lawsuit against the responsible party or institution if negotiations and appeals don’t resolve the issue.
Continue Negotiations:
You can keep negotiating with the defendant’s legal team, with your attorney guiding the process.
Consult Legal Experts:
Seek opinions from legal and medical experts to support your case during legal proceedings.
Adhere to Legal Deadlines:
Be vigilant about adhering to legal deadlines, especially statutes of limitations.
Consulting with a qualified medical attorney is essential to determine the best legal course of action if your medical negligence claim is denied.
New Orleans Medical Negligence Lawyers – Why Do You Need One?
- Our lawyers possess focused legal knowledge crucial for navigating complex medical negligence cases.
- We can gather essential evidence and expert testimonies to strengthen your case.
- We know how to aggressively (and successfully) negotiate with insurance companies and defendants for fair compensation.
- We ensure you meet strict legal deadlines, preventing case dismissal.
- We will work to maximize your compensation within legal constraints.
- We can provide strong legal representation in court, safeguarding your rights and interests.
Our Legal Representation Is Not Just Valuable; It’s Indispensable.
Contact Our Medical Negligence Lawyers Today!
In medical negligence cases, your journey to justice and fair compensation begins with securing the services of experienced New Orleans medical malpractice and negligence lawyers at Hammond Law Firm LLC.
From assessing the viability of your case to navigating intricate legal proceedings, our successful track record is your assurance of a comprehensive and effective approach.
With our support, you can focus on recovery while knowing that your rights and interests are in capable hands, increasing your chances of a favorable resolution to your medical negligence claim.
Schedule a free case evaluation and consultation with us today!
