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Medical Malpractice FAQ

Injured patients and their families often have many questions about medical malpractice claims. The attorneys of Ballay, Braud & Colon, PLC, can answer your questions, explain your legal options and help you seek full and fair compensation. Here are some frequently asked questions regarding medical negligence in Louisiana and how to hold the responsible parties accountable.

Do I need a lawyer to handle my case?

Medical malpractice law is complicated, especially in Louisiana. To ensure that your claim is handled properly and that you receive the maximum compensation to which you are entitled, it is crucial that you have an experienced medical malpractice attorney on your side every step of the way. A medical malpractice lawyer can thoroughly investigate your case and build a strong claim on your behalf.

What constitutes medical malpractice?

Typically, medical malpractice occurs when a health care provider's action, neglect or omission resulted in harm to a patient.

What does "breach of standard of care" mean?

Medical professionals have an obligation to provide medical care that meets the appropriate standard. For a doctor, nurse or other health care provider to meet the standard of care, he or she must possess and use the knowledge and skill that are ordinarily possessed and used by other health care providers with similar training and experience.

For your medical malpractice claim to be successful, it must be shown that at least one health care provider breached the standard of care. It must also be proven that the breach of standard of care caused your injury.

Who can be sued for medical malpractice?

A medical malpractice claim can be brought against any health care provider whose negligence resulted in harm to you or your loved one. Hospitals, doctors, nurses, anesthesiologists, radiologists, physical therapists and psychotherapists can all be sued for providing negligent care, and multiple parties can be sued in the same lawsuit.

How long do I have to file a claim?

You typically have one year to file a medical malpractice claim in Louisiana. The claim must be filed within one year of the action, neglect or omission that caused your injury, or within one year of your discovery of the action, neglect or omission. A medical malpractice claim may not be filed if more than three years have passed since the injury or the medical malpractice occurred.

Does Louisiana law places caps on medical malpractice damages?

Yes. In general, Louisiana law caps medical malpractice damages at $500,000, plus any future medical costs.

Contact An Experienced Attorney Today

For a free consultation with a skilled medical malpractice lawyer, contact our offices in Belle Chasse today. We can be reached locally at 504-266-0368 or toll free at 800-455-5204. Our attorneys advise and represent clients throughout the New Orleans area.