If you have suffered harm due to medical malpractice, you may be eligible to seek financial compensation through a personal injury claim. However, there is a time limit to file your lawsuit. The statute of limitations in New Orleans medical malpractice cases is generally two years from the date of injury. While exceptions exist, most plaintiffs must adhere to this strict deadline.
An experienced medical malpractice lawyer at our firm could review the facts of your claim, determine when the statute of limitations expires, and start working on your case. Discuss your case with a knowledgeable attorney today.
What Is Medical Malpractice?
Medical malpractice occurs when a medical professional is negligent in the care of their patient. Health care workers are responsible for a patient’s care and have a duty of care to treat any patient. When a doctor, nurse, or other medical worker fails to provide you with the expected standard of care, it can lead to mistakes and harm. In a medical malpractice case, a key issue is whether the provider acted as a reasonably competent provider in their position would have under similar circumstances.
Common examples of medical negligence include:
- Failure to timely diagnose a condition
- Misdiagnosis of a health condition
- Surgical errors
- Anesthesia errors
- Errors involving medical devices
- Administration of the incorrect medication or dosage amount
- Unsafe treatment or handling of a patient
Health care workers must follow strict safety protocols to ensure patient safety. When they fail to do so or do not act as they should under the circumstances, you can pursue relief within the statute of limitations with the help of a New Orleans medical malpractice lawyer who specializes in these complex cases.
The Statute of Limitations for Medical Malpractice Cases
The statute of limitations is the legal time limit for filing a lawsuit, such as a medical malpractice claim, in New Orleans. Louisiana extended its deadline from one year to two years for personal injury claims arising on or after July 1, 2024.
Exceptions to the two-year deadline can apply. For example, if a person suffered an injury that was not immediately apparent, the statute of limitations may run from the date they became aware of it. This “discovery rule” can extend the time limit beyond two years. Other exceptions also apply, particularly when minors under age 18 suffer injuries due to medical negligence. It is important to discuss the facts of your claim and any potential filing deadlines with a knowledgeable malpractice lawyer.
Two years might seem like a long time, but the deadline can approach quickly when an injured victim is gathering evidence, receiving ongoing medical care, and building a potential lawsuit. Our attorneys could collect evidence, develop a legal strategy, and prepare a complex case for your lawsuit within the state’s statute of limitations.
Contact a Medical Malpractice Lawyer To File a Case Within the New Orleans Statute of Limitations
If you have suffered an injury or worsening condition due to medical negligence, you may be able to seek financial compensation through a personal injury lawsuit. The statute of limitations in New Orleans medical malpractice cases is strict, so it is important to act promptly and file your suit within the deadline.
Our experienced legal team at Sangisetty Law Firm could review your claim and help you initiate proceedings today. We are honored to help individuals and families throughout Louisiana, Mississippi, and Alabama who have suffered harm due to negligent medical treatment.