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The injured party has the burden of proving that the health care provider negligently failed to meet the applicable professional standard of care for that health care provider. That means the health care provider failed to act as a reasonably prudent health care provider in Louisiana would under similar circumstances. Health care providers are judged in comparison with similarly trained and qualified providers of the same class in the same community and in the same field of medical specialization. Likewise, a hospital owes their patients a duty of ordinary care to provide equipment and facilities reasonably suited to the intended uses and such as are in general use in similar hospitals under similar circumstances. The injured patient must then prove that the health care provider`s breach of the standard of care was a proximate cause of the injuries to the patient. In other words, there must be a close connection between the action of the health care provider and the harm to the patient. Finally, you have to show what damages resulted form the alleged mistake. This may include medical bills, lost wages, pain and suffering, etc.
Most medical malpractice actions in Louisiana are brought under the terms of the Louisiana Medical Malpractice Act. This act governs actions against qualified providers, which refers to participants in the statesponsored excess insurance program. State health care provides are automatically entitled to be covered and private providers may join if they are covered by malpractice insurance in an amount of at least $100,000 per claim. Under the Medical Malpractice Act, a medical review panel must review all claims before the claim can be filed in court. The panel expresses an opinion as to whether the evidence supports the conclusion that the defendant failed to act within the appropriate standard of care and whether that failure contributed to the injury. The panel`s report is admissible as evidence in any subsequent action, but is not conclusive.
Medical malpractice claims are very difficult to prevail in and are also extremely expensive partly due to the need for qualified expert review and testimony. Whether or not you have a good case depends on the professional judgment of attorneys and medical experts. If you are told that you do not have a case with merit, you should seek another opinion from one or more other attorneys.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.