Reviewing Claim Requirements with a Medical Malpractice Attorney in Baton Rouge, LA

by | Apr 5, 2018 | Legal

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In Louisiana, patients who received a lower standard of healthcare and sustain injuries or worsened conditions should file a legal claim. Medical malpractice is what happens when doctors don’t provide a high standard of care or fail their patients. A medical malpractice attorney in Baton Rouge, LA assists patients who sustained injuries due to their doctor’s failures.

Tracing the Origin of the Error

When identifying the medical error, it is necessary to trace the origin of the error. The origin of the medical error defines where the doctor failed the patient. The type of error also defines the failure and which regulation was violated. For example, a doctor that caused a surgical error could have failed the patient by skipping proper steps in the procedure. It is also possible that the doctor operated while they were impaired.

Securing a Medical Witness to Support the Claim

A medical witness examines the patient’s records and determines where the error occurred. The witness is typically a doctor that has the same credentials as the defendant. The testimony provided by the witness determines how the doctor could have avoided the error. The doctor also determines if the defendant’s actions define an act of malice.

Depositions for All Medical Staff

All medical staff that was present when the error occurred must provide testimony. The attorneys for each side acquire depositions from the witnesses and determine if the claim is valid. The medical staff could provide further support for the claimant’s case.

Meeting with the Hospital Board

A meeting is scheduled with the hospital board to determine if the case could be settled out of court. The patient must attend the meeting with their attorney. The hospital board provides a settlement offer based on the testimony and evidence presented.

In Louisiana, patients should file a lawsuit after they sustain medical injuries or weren’t treated appropriately by their doctor. The physician’s liability is often related to a failure to diagnose the condition at an earlier stage, providing the wrong treatment, or producing surgical injuries. Medical records for the patient support their legal claim. Patients who need legal assistance can contact a medical malpractice attorney in Baton Rouge, LA through The Litigation Firm right now.

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