In Louisiana, medical malpractices claims are filed after a doctor failed to provide a proper duty to their patient. The claims include surgical procedures, treatments, and diagnoses that led to the victim’s injuries. A medical malpractice attorney in Gonzales, LA provides answers to common questions about the cases.
Why Is a Medical Witness Required?
A medical witness is retained to explain how the victim’s injuries happened. The witness must have the same training as the defendant. Their understanding of the procedure or treatment determines if a different choice would prevent the injuries. The witness also provides information about the proper treatment or steps involved in the procedure.
Which Malpractices Lead to Criminal Charges?
Any medical malpractice deemed an act of malice is a criminal offense. The circumstances of the case identify a prejudice or belief that lead to intentional harm to the patient. The evidence often shows a connection between the doctor and the patient such as a former romantic relationship. The severity of the victim’s injuries and how they were produced establish an act of malice.
What Type of Damages Are Awarded?
The victims receive economic damages for their financial losses including medical expenses and lost wages. Non-economic damages include a tort-based award for pain and suffering. The court imposes punitive damages to punish the doctor. The non-economic and punitive damages won’t exceed the current cap imposed by the state.
Who Is Identified in the Legal Claims?
All parties involved in the incident are identified in the medical malpractice case. The doctor who provided treatment is the most obvious defendant in the claim. Nursing staff and technicians are included if their services contributed to the victim’s injuries or worsened their condition. Any additional doctors who treated the patient but weren’t identified in the records are included.
In Louisiana, medical malpractices lead to serious injuries or the progression of an illness. Doctors who fail to complete proper testing or diagnose an illness too late are liable. Surgical procedures that go awry due to a doctor’s incompetence are also identified in the claims. Victims who need to file a claim should contact a medical malpractice attorney in Gonzales, LA or visit us right now.
