St. Tammany Parish Medical Malpractice Lawyers
Herrin Kervin helps victims of medical malpractice collect damages, so they can get the medical care and financial support they need while recovering from their injuries.
Louisiana Medical Malpractice Attorneys
You trust doctors, nurses, and pharmacists with your life. While most do an excellent job, some medical providers are guilty of medical malpractice. They might fail to diagnose serious illnesses, misread test results, or do something else that puts your life in danger. Herrin Kervin holds medical professionals who have committed malpractice accountable. With our help, you can file a claim to recover damages for medical bills, lost wages, diminished earning capacity, and more. Along with collecting financial compensation, you can protect others by filing a claim.
Contact Herrin Kervin today to find out if you have a medical malpractice case. The statute of limitations for these cases is short, so take swift action.
Common Medical Malpractice Claims
Herrin Kervin handles all types of medical malpractice cases. Common claims include:
- Delayed diagnosis
- Failure to diagnose
- Misreading test results
- Medication mistakes
- Birth injuries
Real Clients, Real Reviews
PROVING MEDICAL MALPRACTICE
To prove medical malpractice in Louisiana, you must first establish the standard of care expected of the provider. Then, you have to show that the provider didn’t meet the standard of care. This could be due to a lack of knowledge and skill, a lack of diligence, or a failure to use the best judgment or provide reasonable care. Finally, you must prove the link between the breach of the standard of care and the harm that you suffered. You must show that your injury would not have occurred if the provider had met the standard of care. Your Louisiana medical malpractice attorney will use various pieces of evidence to prove your claim, including expert witnesses.
THE ROLE OF MEDICAL MALPRACTICE PANELS
If you have a viable claim, your attorney will begin the process by submitting paperwork to the Patient Compensation Fund. The PCF starts by looking at an overview of the case. If it decides to take a closer look, it will convene a medical review panel of licensed physicians to study the case. Your attorney will submit additional documentation, and the panel will pour over the evidence and write a report. The report is written by physicians and considered expert testimony. You can use the report as evidence if you go to trial or settle your claim. Also, you can call any of the physicians who sat on the panel as expert witnesses.
DAMAGE CAPS FOR MALPRACTICE CLAIMS
Louisiana has capped damages for medical malpractice claims at $500,000, plus extra money for future medical expenses. It’s vital to calculate the cost of future medical expenses correctly, or you could end up paying out of pocket down the road. Your Louisiana medical malpractice attorney will consult with medical professionals to accurately determine how much you will pay for medical costs in the future. Then, your attorney will add that to the compensation you deserve for your claim. Your attorney’s job is to ensure that you don’t have to pay out of pocket to receive care related to your injuries.
STATUTE OF LIMITATIONS FOR MEDICAL MALPRACTICE CLAIMS
You have one year from the date of the medical malpractice or discovery to file a claim in Louisiana. However, Louisiana also has a three-year statute of repose. This means that the cut-off date to file a claim is three years, even if you have not yet discovered the injury. Because of the short statute of limitations and statute of repose, it’s critical to consult with an attorney as soon as you think something might have happened during your diagnosis or treatment. Otherwise, the time limit might pass. If you try to file a claim after the time limit, the defendant can file a motion to dismiss.