Most of us do not enjoy trips to the hospital, emergency room, or doctor’s office, and only go because of necessity. Unfortunately, something might go wrong during our medical treatment, and we leave sicker than we were when we came in. In these situations, the medical professionals attending to you should be held accountable for their actions. The medical profession serves an important role in our society, and the failure to provide adequate healthcare to a patient, and instead cause serious injuries, should receive the attention it deserves.
Medical Malpractice Law in Louisiana
The Medical Malpractice Act in Louisiana capped the amount of damages a victim may receive after an injury caused by medical staff at $500,000. The cap was enacted in 1975 to combat rising insurance premiums. The Louisiana Supreme Court recently reviewed the constitutionality of the cap and found that the cap was valid and did not offend the Louisiana Constitution. The Louisiana Congress has sought to increase the cap in recent years to $750,000, and make it exclusive of economic losses (such as loss of earnings), but no bills have made it past committee.
As such, any damages claimed as medical malpractice cannot exceed $500,000. However, you are still entitled to bring a claim for damages after a medical professional makes an error in your treatment. Medical malpractice can include the following:
- Surgical mistakes
- Mistaken diagnosis
- Incorrect dosage instructions
Medical professionals are held to a higher standard of care than the ordinary person, and therefore a medical malpractice claim must also meet these elements.
As part of a medical malpractice claim, you will need to establish the elements of a negligence claim, including:
- Doctor-patient relationship;
- The doctor’s care fell below that of a reasonable doctor in the same situation;
- The doctor’s care led to the patient’s injury; and
- The patient was injured.
A claim for damages after medical malpractice should include ongoing medical treatment, lost wages, future earnings, and the emotional distress of the ordeal. For many of us, going to a medical facility is difficult enough, but being forced to return to it for ongoing treatment due to someone else’s error could be incredibly difficult. Some medical malpractice errors may also lead to the death of our loved one. The medical professional should be held accountable for their actions in their negligent behavior and to ensure no one else is injured by similar behavior in the future.
Get Help for Your Medical Malpractice Injury – Call Jones & Hill
If you or a loved one were injured during a medical procedure, you may be entitled to receive compensation for your injuries. The attorneys of Jones & Hill have years of experience in handling medical malpractice claims and will assist you in preparing your claim, as well as quantifying your damages. While your claim is limited at $500,000, our attorneys will still assist in calculating the appropriate value of your injuries, including both economic and non-economic damages. Contact our Oakdale and Oberlin offices today for your initial free consultation.