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Lafayette Medical Malpractice Lawyer | Lafayette Medical Negligence Attorneys

Lafayette Medical Malpractice Attorneys

Lafayette Parish Medical Malpractice Lawyers

What injuries are considered Medical Malpractice?

Lafayette Medical malpractice, also referred to as " Lafayette med mal," "Lafayette healthcare liability," "Lafayette doctor malpractice," "Lafayette hospital malpractice," " Lafayette hospital negligence " happens when a healthcare professional, such as a doctor, nurse, or surgeon makes a careless (negligent) or reckless error, which results in harm to you, the patient. This can be particularly traumatizing because society relies on and trusts our healthcare system, especially our doctors to provide excellent medical care and to act with special care to protect us.

Areas of Lafayette medical malpractice include, but are not limited to:

If you or a loved one has been hurt by an Lafayette medical professional, you know the effects can be devastating and costly. Doctors should be held accountable for their negligence, just like anyone else, and a Lafayette medical malpractice attorney will help you make sure that physician recklessness and negligence is met with justice. Most importantly, Lafayette Medical Malpractice lawyers will help you receive any financial compensation you are owed under the laws of Louisiana.

Immediate Care Facilities in the Greater Lafayette Area:

For less serious injuries, Lafayette Parish Immediate Care facilities can be a good solution:

Many patients are injured but never receive justice or compensation. This is because they do not think they can afford a lawyer or because they wait too long. Lafayette Medical Malpractice attorneys do not get paid until and unless they win your case. Contact a Lafayette Malpractice attorney today to make sure you get the compensation you deserve and to make sure that the doctor who hurt you isn't allowed to hurt people without paying a price.

Louisiana Medical Malpractice Laws

Every state has different laws concerning medical malpractice. Here is a brief summary of some of the Louisiana laws that a Lafayette Parish Medical Malpractice Attorney can help you understand:

• Prescriptive Period: There is a one (1) year prescriptive period from the date of injury, unless the injury cannot be discovered until later. If this is the case, a lawsuit must be filed within a year from when the discovery should have happened, but in no case can this be more than three years after the original act causing the injury.
• Pre-Judgment Interest: The law allows for interest to start running on the day the suit is filed.
• Expert Witnesses & Standards for Judging the Reasonableness of the Medical Professional's Conduct: Specific requirements determine a person's qualification as an expert witness as to whether the physician or professional charged departed from accepted medical industry standards.
• Damage Caps:
  • Louisiana law limits judgments against doctors insured by the state to $100,000, but more than one doctor can be sued for a total of up to $500,000 plus future expenses. There is also a state fund to help patients recover up to $500,000 while limiting the amount doctors have to pay. There is no cap on damages when a doctor chooses not to participate in this program.
• Governmental Immunity: Different rules may apply to governmental immunity for malpractice claims. Contact a Lafayette medical malpractice attorney for further legal advice.
• Medical Review Panel: One of the most important parts of Louisiana Medical Malpractice law is the statutorily required Medical Review Panel. Before any Louisiana Med Mal case goes to court, it must first go through a panel of three doctors and a lawyer. The doctors on the panel are usually specialists. An injured party only has 90 days to file a lawsuit after the panel makes its decision - no matter what their decision is. More information about the Medical Review Panels can be found at their official website. Call any of the Medical Review Panel medical malpractice attorneys on this page for a free initial case evaluation.

Other Important Considerations for Lafayette and Louisiana Medical Malpractice Claims:

• Arbitration:
  • Under Louisiana law, arbitration is allowed but not required by the Medical Malpractice Act. (La. Rev. Stat. Ann. § 40:1299.47(A)). Medical patients can choose to enter into binding arbitration agreements. (La. Rev. Stat. Ann. § 40:1299.57)
• Periodic Payments:
  • In Louisiana, future payments are usually paid for by the Patient's Compensation Fund.
• Collateral Source Rule:
  • Louisiana follows the Collateral Source Rule, meaning that a patient's recovery cannot be reduced by benefits paid from a source other than the doctor, such as an insurance provider. 
• Comparative Negligence:
  • Louisiana uses the pure comparative negligence doctrine. In all cases except those of intentional harm, a patient's recovery is reduced by his percentage of fault. In order to determine percentage of fault, the fault anyone who had something to do with the injury is considered, even if some of those involved are not part of the lawsuit. (La. Civil Code Ann. art. 2323)
• Joint & Several Liability:
  • Joint and several liability refers to the legal practice of holding more than one defendant jointly liable for the entire amount of a plaintiff's damages. Because Louisiana does not apply joint and several liability, each party is only liable for the percentage of the damage that they caused in a medical malpractice case. 
• Vicarious Liability:
  • In Louisiana, a hospital can be liable for the actions of its agents, such as its doctors or nurses, due to the agency relationship. Agency is demonstrated by control. A Lafayette Hospital Negligence Lawyer can help you understand your rights.

Hospitals in the Greater Lafayette Area:

When you are injured in the Lafayette Area, you may need immediate medical treatment. The following are some local hospitals in the Lafayette area:

If a doctor, nurse, or other medical professional has caused injury to you or a family member, you might be entitled to recover monetary damages. Call one of the Lafayette medical malpractice attorneys listed above for a consultation regarding your claim before Louisiana's one (1) year limitations period ends and you lose your legal rights!

Lafayette Med Mal Attorneys bring suits in many different courts depending on the circumstances. The following are just some of the many courts in the Lafayette area.

If your claim is worth $3000 then you will file in the District Court, which have unlimited civil jurisdiction:

You may also file in one of these courts, which have jurisdiction for claims up to $25,000:

Lafayette Medical Malpractice Cases are extremely difficult and complicated. You need an Experienced Lafayette Medical Malpractice Attorney!

Serving clients throughout Southern Louisiana, including Alexandria, Broussard, Cankton, Carencro, Duson, Lafayette, Larabee, Long Bridge, Maurice, Milton, Mire, Monroe, Morgan City, New Iberia, Scott, St. Martinville, Youngsville, and other communities in Lafayette Parish.