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What is the process for filing a medical malpractice lawsuit?

When a health care provider's care is below the industry standard of care and injuries result, this is known as medical malpractice. For Louisiana residents, this means they go to their healthcare providers for treatment or diagnosis of a problem, and end up instead with a worsened condition-misdiagnosis, wrong dosage of medicine or even operations on wrong sites, all fall within the purview of medical malpractice.

A healthcare provider is a person who has been licensed by the Louisiana State Board of Medical Examiners, allowing them to perform medical services on patients. Physicians, their assistants, clinical laboratory personnel, and private radiological technologists are examples of healthcare providers. When these healthcare providers fail to fulfill their duties, it may be possible to bring a medical malpractice claim against them, but it important to understand some of the applicable laws first.

Firstly, before a lawsuit is filed in the state, the claim must be submitted to the State of Louisiana's Medical Review Panel. An independent panel, they first evaluate the claim and the surrounding evidence and give a decision that is not binding-it simply allows both parties to see the strengths and weaknesses of their case.

Louisiana residents may also be aware that damages are capped in the state at $500,000. This can deter some medical malpractice victims from getting the justice they deserve, but it shouldn't-- patients who were injured by their doctors may be eligible to receive unlimited compensation for future medical expenses-for the rest of their life. To learn more about the law and how it can affect one's claim, consider consulting an experienced attorney.

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The Townsley Law Firm
3102 Enterprise Boulevard
Lake Charles, LA 70601

Fax: 337-478-1577
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Phone: 337-377-0584
Toll Free: 800-216-6808