By law, professionals such as doctors, lawyers, accountants and others, are required to provide competent advice and services to their clients. If they fail in these duties, they may be liable for damages caused by their malpractice.
Medical malpractice occurs when a patient suffers damages because of a healthcare provider’s error. This can happen when a healthcare professional fails to properly diagnose a medical condition or illness, makes a prescription error, performs a procedure incorrectly, treats a patient improperly or causes a birth injury. deGravelles & Palmintier has successfully represented hundreds of victims of medical malpractice.
Louisiana has specific laws regarding malpractice claims. More than 35 years ago, the legislature passed the Louisiana Medical Malpractice Act (LMMA). Instead of allowing victims of medical malpractice to directly access the courts, Louisiana’s lawmakers substituted a three-person panel to initially review a case before the court can be involved.
The panel is made up of three doctors, from the same area as the defendant health care provider (HCP). The LMMA also placed a cap, or limit, on the dollar amount of damages recoverable. If damages for pain, injury, lost wages or loss of enjoyment of life are incurred (even if the damages themselves are in the millions), the award against an HCP is limited to $100,000. An additional sum of $400,000 may be obtained against a special fund administered by the state, and medical bills are payable by that fund as a separate item.
There are dozens of other special rules applicable to Medical Malpractice that make this area of law one of the most specialized and challenging. At deGravelles & Palmintier, our attorneys have decades of experience in analyzing whether a bad result amounts to actionable malpractice. What’s more, we have tried many of these cases to juries throughout the state. Let us evaluate the facts of your case to let you know whether what happened to you was just an unfortunate occurrence or an act of medical malpractice.
Lawyers owe a duty to their clients to work diligently and zealously to pursue their best interests. Occasionally, and unfortunately, attorneys neglect their client’s cases and the results can be catastrophic. This might happen when an attorney does not file a timely claim, settles a case without a client’s authority, or misuses a client’s money or fees.
The unfortunate fact that you lost a case and/or a judge or jury didn’t rule in your favor does not mean that your lawyer committed malpractice. Legal malpractice happens when a lawyer negligently handles your case. At deGravelles & Palmintier, we have the legal expertise necessary to analyze a potential legal malpractice claim.