Medical malpractice is a complicated branch of personal-injury law. Making a successful claim requires extensive evidence in the form of expert testimonies, an independent medical evaluation, doctors’ records and other documentation.
Providing sufficient evidence, however, is just one piece of the puzzle. You must also file the claim within the statute of limitations.
In Louisiana, victims of medical malpractice must file their claim within one year of the incident. If you were a victim of medical malpractice and you do not take legal action before the statute of limitations expires, then it is unlikely that the court will hear your case.
A recent story highlights the importance of taking quick action in medical malpractice cases. In the case
Francis Grayson and Anita Grayson v. Northeast Louisiana Kidney Specialists, et al., plaintiff Francis Grayson claimed that two nephrologists from Northeast Louisiana Kidney Specialists provided an unreasonable standard of care, and resulted in Grayson becoming a quadriplegic.
According to a report from Louisiana Record, Grayson was undergoing kidney dialysis in 2011 when an epidural abscess developed in his neck, allegedly due to an infection from using a catheter. After the surgery to remove the abscess, Grayson had become a quadriplegic.
Nearly one year after the operation, Grayson requested that a medical review panel evaluate his case. The man claimed that one of his doctors failed to acknowledge his complaints about pain, and neither doctor treated the infection in a reasonable amount of time.
Nearly two years later, the panel ruled against Grayson, concluding that he received a reasonable standard of care. Grayson subsequently filed a medical malpractice lawsuit.
Grayson’s lawsuit did not end well: 4th Judicial District Court Judge Carl Sharp ultimately granted the defendants’ motion to strike and motion for summary judgment because more than two years had passed, and Grayson’s claims were denied.
Grayson then appealed the decision. The ruling was ultimately reversed by the 2nd Circuit. The Court found that Grayson had satisfied statutory requirements.
Although Grayson’s appeal was successful, his case would have gone much smoother had he taken action earlier. It is unlikely that the summary judgment would have been granted if Grayson had not waited nearly one year to request a review from a medical panel.
I Was a Victim of Medical Malpractice – Should I Hire a Personal Injury Lawyer?
Making a successful medical malpractice claim is a legally complicated endeavor. This is true even when negligence seems obvious.
One of the best ways to protect your interests is to consult an injury attorney. Your lawyer will handle the legal aspects of your claim so you can focus on recovering from your injuries. Your attorney will also help you avoid mistakes such as delaying your legal action and failing to provide adequate evidence to prove negligence, liability and damages.
If the incident happened in Louisiana, contact Morris Bart, LLC. A personal injury lawyer in Shreveport will guide you through the claims process. Call 800-537-8185 today to schedule a free consultation.