What is the time frame after I am injured to file a suit?
In Louisiana you have one year from the time you knew or should have known of potential malpractice to bring a claim. If you do not file a claim within that time frame, you will be barred from bringing the claim. Because the time frame to file a claim is so short, it is best to contact an attorney as soon as you believe you have been injured.
What is the first step to take if you believe you have been the victim of a medical mistake or error?
One of the most important pieces of evidence in a medical malpractice case is the medical record. Without an accurate copy of your medical record it will be almost impossible to prove your medical malpractice case. Most hospitals and physician offices are aware of requests for medical records made by an attorney. That's why it's important for you to get a copy of the medical record from the hospital and the doctor rather than waiting for the attorney to get your record. If asked, you can simply inform the healthcare provider that you need a copy of the records for insurance purposes.
How much will it cost me to file a case?
Most medical malpractice cases are handled on a contingency basis. This means that we will advance the costs of bringing the case. Also, we don't collect any fees unless you are awarded damages.
How much is my case worth?
Each particular case is unique. In Louisiana, the Medical Malpractice Act places a cap of $500,000 on a victim's recovery for damages resulting from medical malpractice. The cap does not include past and future medical costs. While the legal system cannot turn back the clock or make you healthier, we promise to give it our all to help maximize your recovery for the pain and suffering you endured.
What is the typical duration of a case?
The average medical malpractice case can last from 4 to 6 years. There are several reasons for this: First, a claimant cannot file a lawsuit in a medical malpractice case in Louisiana without first presenting the claim to a Medical Review Panel; second, doctors and hospitals don't like to lose a malpractice case, so they fight hard and use every legal tactic to delay and postpone your case; and third, because these cases involve expert testimony from physicians, it can take months to coordinate schedules and to find a date to hold the trial. |
