Medical Malpractice in Shreveport, LA

Medical malpractice arises when a qualified Shreveport, Louisiana doctor or medical facility harms a patient. There are different medical malpractice laws per state, so you should carefully review your state’s laws to determine whether you have a case. These laws can influence the statute of limitations for filing a medical negligence claim. Additionally, they can dictate whether you have to notify the doctor or medical facility beforehand.

What Evidence Do I Need for Shreveport, Louisiana Medical Malpractice Claims?

The burden of proof falls on the injured party in filing a medical malpractice claim. To prove your case, there are several conditions you must establish. An experienced Shreveport, LA medical malpractice lawyer can guide you through this entire process.

While there can be some differences in details based on the state in which you file your claim, there are some standard benchmarks to try and hit.

• There was a working relationship between the doctor and the patient. 
• There was negligence on behalf of the doctor – You must prove the doctor was negligent in his or her diagnosis. You cannot sue a doctor for medical malpractice simply because you did not like their treatment or diagnosis.
• There needs to be cause and effect – Cases usually involve long-term injuries. You must prove the injuries referenced in the claim are a direct result of the doctor’s care and not because of any pre-existing condition.
• The injury represented in the claim led to further injury – You cannot sue for malpractice unless you suffer a direct injury. There are multiple types of pain that a patient can sue for currently. 

Louisiana’s Medical Malpractice laws govern lawsuits against healthcare providers in Shreveport. Before filing, the plaintiff must submit their claim to the court for examination by a medical review panel. The panel will consist of an attorney and 3 healthcare providers. While the panel’s opinion is non-binding, either party can present it as evidence at trial. In addition, the panelists can act as witnesses.

Hospital Responsibility

You may wonder if you can also sue the Shreveport hospital or facility where the doctor works. In most situations, you cannot sue a hospital for the malpractice of a doctor. Most doctors are independent contractors, which absolves hospitals from liability. Nurses and other hospital staff are direct employees, so if the malpractice occurs through one of them, then there are grounds to sue the facility. So, unless the doctor is directly employed by the Shreveport, Louisiana hospital or facility, they are not liable.

The Varying Types of Medical Malpractice

As long as you meet the conditions to file, you have grounds to file a claim, but you will need to decide in which category your claim falls. The most common categories include the following:

• Wrongful treatment – A doctor treats you poorly and in a way that no other credible medical professional would.
• Failure to diagnose correct illness – The doctor misdiagnosed your malady and caused an injury.
• Failure to disclose risks to patients – The doctor fails to inform you of the medical risks. Or, they did not carry out their duty of informed consent. As a result, their inaction prevented you from making an informed decision about the medical procedure or treatment.

There are additional categories or reasons for filing a lawsuit, such as the following doctor errors:

• Misreading or ignoring test results from the lab
• Making surgical errors
• Not following up properly or not offering adequate post-care
• Performing unnecessary procedures or surgeries

Damages Available in Shreveport, LA

There are three types of damages a court will award for medical malpractice.

• General damages – Compensation for physical or mental suffering due to the negligent actions of the doctor
• Punitive Damages – Damages awarded as punishment for the medical professional or facility at fault
• Special Damages – Damages for expenses from medical bills and lost wages

Louisiana statute limits the total recovery in a medical malpractice case. Under this law, a Shreveport plaintiff cannot recover more than $500,000. This includes actual economic damages as well as damages for pain and suffering. The one exception to this limit is that it does not include damages for future medical costs.

Statute of Limitations

Medical malpractice claims carry a strict statute of limitations, which vary depending on the state. If you do not file the claim within the statute of limitations, the court will dismiss the case with prejudice regardless of the facts.

In addition to a low damage limit, Shreveport malpractice cases are subject to Louisiana’s relatively short statute of limitations. A plaintiff must file their case within one year of the injury or discovery of the injury. In addition, the law prohibits claims made more than 3 years after the injury, regardless of the discovery date.

Medical Malpractice Review Panels

In some states, you must first submit your claim to a review panel of medical experts. The panel hears the evidence and expert testimony to decide whether malpractice occurred. Keep in mind, their decision does not equate to a court’s decision, but the panel is often a necessary step in building toward a lawsuit. Furthermore, it can lend significant credibility to a claim. The findings of the review panel will make their way to court, and the court often references them to influence its ruling.

In addition to the mandatory review by a court-appointed medical panel, Shreveport healthcare providers can face a separate administrative process. The Louisiana State Board of Medical Examiners investigates allegations of misconduct made against physicians. This action may be triggered by a malpractice judgment, but it can also start with a patient complaint. The Board can impose sanctions such as reprimands, suspensions, and license revocation. In addition, other state boards serve a similar function for non-physician healthcare professionals, such as nurses and dentists.

Do I Need to Hire an Attorney?

Medical malpractice claims in Shreveport, Louisiana can be complex and difficult to prove. It can be an overwhelming task, especially if you are still suffering as a result of the doctor’s actions. We recommend consulting with a personal injury attorney or an attorney in Shreveport that has a focus on medical malpractice.

A medical malpractice attorney can help you in many ways to put together your case. Working with an attorney means he or she will often do the following:

• Build your case
• Collect important evidence
• Find expert witnesses to testify on your behalf
• Help you prepare for the malpractice review panel
• Take your claim to court

Work with an Experienced Local Lawyer in Shreveport, Louisiana

Since your case is incredibly important to you, it makes sense to seek legal help. You should at minimum consult with a qualified Shreveport attorney who is familiar with such cases. We can even help you connect with an attorney across Louisiana state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!