If you were injured due to medical negligence by a health care provider, you could be entitled to financial compensation. There are strict laws and procedures for medical malpractice cases; so, you should hire an experienced lawyer to handle your claim.
The process of a medical malpractice case in New Orleans follows certain steps that a knowledgeable attorney from Sangisetty Law Firm could help you navigate. We serve clients throughout Louisiana, Mississippi, and Alabama.
What Is a Medical Malpractice Lawsuit?
Medical malpractice occurs when a doctor, nurse, or other health care provider fails to meet the standard of care in treating a patient. Those liable for committing medical negligence could be held financially responsible through a lawsuit, and a New Orleans attorney could guide you through the typical procedures. The lawsuit will identify who you believe is responsible for your medical injury and the amount of compensation you are seeking for economic and non-economic damages.
Medical Review Panels in Malpractice Cases
In New Orleans, the state requires medical negligence claims to go before a medical review panel before a lawsuit can proceed. A medical review panel consists of three doctors chosen by both sides. This panel will review the facts of your case and determine if it has merit. If the review panel finds your claim meritorious and clears it for filing, you then have 90 days to file a lawsuit against the negligent medical provider.
A medical review panel’s report can be used as evidence at trial since it is considered to be expert testimony. A dedicated malpractice attorney could use these expert opinions to your advantage.
Statute of Limitations in a Medical Malpractice Case
Those seeking to sue a health care provider must file their lawsuit within a certain deadline. The state sets a two-year statute of limitations for filing a New Orleans medical malpractice claim, and this time period usually runs from the date of the injury. Some exceptions may apply in certain situations, so it is important to review your case with a lawyer.
The Court Process of a Medical Malpractice Lawsuit
Once the lawsuit is filed, the defendant will be served with a complaint, and litigation begins. Parties to a negligence case will typically engage in discovery, which is the sharing of documents and other materials relevant to the claim. During this stage, parties may conduct depositions, submit interrogatories, and request other information from the opposing side.
Settlement negotiations will take place in most cases, and either side might file motions to gain an advantage. Most medical malpractice claims result in a settlement of some type. If a settlement cannot be reached, your medical malpractice case will proceed to court, and your New Orleans lawyer could request a jury trial. Your attorney could begin trial preparation from the outset of the case, so you will be fully prepared for the challenge of a trial if necessary.
Contact a New Orleans Attorney To Discuss How a Medical Negligence Case Will Proceed
If you were injured due to medical negligence by a health care provider, you could be entitled to financial compensation for your losses. At Sangisetty Law Firm, we could help you throughout the process of a medical malpractice case in New Orleans.
We offer free consultations and operate throughout Louisiana, Mississippi, and Alabama. Contact us today to discuss your case.