When someone goes to the hospital to receive medical care or takes a prescription a doctor has given them, they should never be left with serious complications. Medical Malpractice in New Iberia LA involve claims against a private healthcare provider or claims against a public or state provider. The private provider claim is determined by the Medical Malpractice Act, and the claim against the other provider is determined by the Malpractice Liability for State Services Act. There is also a cap of $500,000. In addition to the cap, any past or future medical bills can be included.
Determining which type of Medical Malpractice in New Iberia LA claim needs to be filed can be difficult without the assistance of a knowledgeable lawyer. There is a one-year statute of limitation for filing a claim. This means that one year from the date someone should have known there was a problem; a claim must be filed. This again is another very important timeframe that cannot be missed by an injured individual. If, for example, an injury occurred to a baby during delivery and the effects didn’t show up until later, a claim can be filed later since no symptoms were present. In certain cases a claim can be made after one year but no longer than three years.
The medical malpractice law is very specific in Louisiana. Medical malpractice that results in a wrongful death lawsuit follow the same rules. An example is someone passes away one three years and one day from the date a medical error takes place or the medical error is found three years and one day later; no claim can be made against a medical provider because it’s beyond the three-year statute of limitations. All medical malpractice claims must also be reviewed by a medical board. A lawsuit can only begin after the medical board delivers its determination on the files.
The medical malpractice and wrongful death law is very complicated and proving a case can be even more difficult. Hiring an attorney who is knowledgeable in this area will permit the family to obtain an accurate assessment of their case. For more information, please feel free to visit chrisrichardattorney.com
