Medical malpractice takes many forms – from surgical errors to birth injuries and misdiagnosis. If you were injured by a negligent doctor, nurse or pharmacist, then you may be entitled to compensation for health-care expenses, lost wages and other damages.
If you intend to file a medical malpractice claim, it is important that you contact a personal-injury attorney as soon as possible. Winning these cases requires strong evidence in the form of expert testimonies, an independent medical examination, doctors’ records and other documentation.
If the incident happened in Louisiana, turn to Morris Bart, LLC. An Alexandria personal injury attorney will evaluate your case, answer your questions and help you fight for the maximum compensation. Call 800-537-8185 today to schedule a free initial consultation.
Read on to learn four steps you should take immediately after discovering that you were a victim of medical malpractice:
- Contact Your Doctor
If you were injured by a medical error, then you may be reluctant to call your doctor. However, many injuries can be resolved without long-term side effects, and your physician may provide the treatment for free.
- Make Sure the Statute of Limitations Has Not Expired
In Louisiana, medical malpractice victims must file their claims within one year of the date of the “alleged act, omission or neglect,” or within one year of the date when the malpractice would have been reasonably discovered. If the statute of limitations expires, then it is unlikely that the plaintiff would be able to recover compensation.
If you intend to rely on the “discovery rule,” you will have to prove why you could not have reasonably discovered the malpractice in time to take action within one year of the act. Pursuant to Section 9:5628 of the Louisiana Revised Statutes, you cannot file a medical malpractice claim after three years has passed since the act – even if the malpractice could not have been reasonably discovered.
- Consult a Personal-injury Attorney
A personal-injury attorney will evaluate your case to determine if you have grounds for a claim. An experienced medical malpractice lawyer will help you calculate damages, arrange an independent medical examination and expert testimonies, and avoid mistakes that would threaten the success of your claim.
- Gather Evidence
Filing a medical malpractice claim is a legally complicated process. The success of your claim will hinge on the strength of your evidence.
In order to recover compensation, you or your injury lawyer must show evidence to prove:
- A doctor-patient relationship existed
- The doctor behaved negligently
- That negligence caused an injury or illness
- That injury or illness caused specific damages such as medical bills and lost income
If you were injured by a negligent doctor, nurse or pharmacist, contact Morris Bart, LLC. An Alexandria injury lawyer will provide legal guidance and compassionately represent your interests.
Our firm has been helping the injured for more than 30 years. Call 800-537-8185 today to schedule a free consultation.