A Brief Guide To Medical Malpractice In Lafayette, LA

by | Mar 13, 2018 | Lawyers

In Louisiana, medical malpractices involve the failures of doctors. A legal claim is filed when medical failures lead to serious injuries and the progression of life-threatening illnesses. The claim gives the patient a chance to collect compensation for their losses. A local attorney provides more information about a Medical Malpractice in Lafayette LA.

What is a Standard Duty?

A standard duty implies that the doctor provides a reasonable standard of care that one would expect from another doctor. All states have their own standards, and federal laws ensure even further rights for patients. The standard duty applies to patients for which the doctor has a prejudice against that is based on a personal belief.

Pinpointing the Error

The doctor’s error is pinpointed in the claim. Common errors are a failure to follow protocol during surgeries, misdiagnosis, and administering the wrong medication. Doctors who refuse to use updated testing equipment create errors and fail to diagnose life-threatening conditions at a treatable stage. The error is often documented by a second doctor if the original doctor fails to provide a proper treatment.

Depositions and Witnesses

Depositions are conducted for all witnesses that knew about the errors. Nursing staff and other doctors involved in the case provide testimony about the patient’s care, injuries, and the doctor’s actions. All information is assessed to determine what information supports the patient’s claim against the doctor.

A medical witness is secured to explain the error and show how the injuries were avoidable. The witness is a doctor with the same credentials as the defendant. Their testimony determines if they would follow the same steps as the defendant when treating the patient.

Hospital Boards and Settlements

A hospital board starts negotiations as soon as a lawsuit is filed. The patient leaves all negotiations to their attorney. The hospital board collects information from the patient and uses it to avoid a high payout when possible.

In Louisiana, medical malpractices stem from a low standard of care. Doctors who don’t follow protocol or use outdated testing practices create medical injuries. The low standard of care creates serious injuries that are often irreversible. Patients who need assistance with a Medical Malpractice in Lafayette LA visit chrisrichardattorney.com for more info now.

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