MEDICAL MALPRACTICE: DOCTOR, NURSE, HOSPITAL NEGLIGENCE

Medical malpractice or medical negligence occurs when a health care provider fails to follow the standard of care owed to the patient. In layman’s terms, the doctor, nurse, hospital or other healthcare provider either fails to do something that is the generally accepted practice or does something that is not generally accepted.

Who Qualifies Under The Medical Malpractice Act

In Louisiana, most healthcare providers (doctors, nurses, hospitals, rehab facilities, etc.) are “qualified” under the Louisiana Medical Malpractice Act. This act limits the provider’s liability to $500,000.00 not including related medical expenses. The act requires a patient (or family in the case of a deceased patient) to first present his or her case to a medical review panel before filing a lawsuit. The medical review panel is made up of three (3) physicians and the process is overseen by a medical review panel attorney or chairman. The parties are allowed to present written evidence to the medical review panel typically made up of a position paper which outlines the arguments of the parties, medical records, depositions of witnesses and articles or treatises on the relevant issues.

Medical malpractice cases in Louisiana are some of the most complex and difficult to handle. The statistics are that the vast majority of medical malpractice cases are unsuccessful at the medical review panel. Having an experienced medical malpractice attorney is therefore, critical. At St.Pe’ Law, we have extensive experience in handling these cases. Our experiences are best demonstrated in the fact that we win a majority of our cases at the medical review panel. In addition, Kenneth D. St. Pé is one of just over a dozen attorneys in the entire State of Louisiana who is board certified in medical malpractice by the American Board of Professional Liability Attorneys.

Examples of cases we have handled include birth injury, brachial plexus injury, brain injuries, cancer and misdiagnosis, cerebral palsy, doctor/hospital malpractice, emergency room malpractice, medical misdiagnosis, medical negligence, medication error, infections, bed sores (pressure ulcers/decubitus ulcers), nerve damage, surgical errors, traumatic brain injury, failure to notify the physician of significant changes in symptoms, and wrongful death.

If you believe you have a medical malpractice case, it is important to speak with an experienced attorney. Often times, medical malpractice cases involve a large amount of facts and issues which are difficult to decipher. An experienced medical malpractice attorney can help you by identifying those key facts and issues which are necessary to win your case. We welcome the opportunity to discuss any potential case with you and we can probably provide you with valuable information, whether we decide to take your case or not. Please feel free to call Kenneth D. St. Pé for a free and confidential consultation.