Patients who suffer injuries due to medical malpractice may have questions regarding their rights to take legal action. Part of determining what options are available means knowing which parties can be held responsible.

The Doctor

The doctor who is looking after a patient may be considered liable in actions such as surgical errors, misdiagnosis, and prescribing the wrong medication. In these events, it is up to the doctor to ensure they are providing proper care to their patients. When something goes wrong, it can be the doctor who is liable for all damages associated with the malpractice.

An Anesthesiologist

Anesthesia is necessary for certain procedures as it helps patients get through them without feeling any of the initial pain. The anesthesiologist can be negligent if they fail to provide enough of the medicine, allowing the patient to feel the pain of the procedure. In other situations, an anesthesiologist can be negligent by providing excessive amounts of the medication or by not checking to see how the anesthesia would react with medications the patient is currently taking.

The Hospital

There are times when the hospital or medical facility can be considered responsible when someone on their staff performs an act of negligence. This typically occurs when the medical facility fails to perform a proper background check on a physician, or if they fail to terminate someone with multiple reports of negligence. They know of an issue that can cause harm, yet they do nothing to fix said problem.

Joint Liability

There are some cases where multiple parties may be considered liable for medical malpractice. For instance, if multiple surgeons are in the room and together they cause the injury as a result of a surgical error; both surgeons can be held accountable in a case.

Understanding your rights to take legal action is imperative to getting through these complex matters successfully. Trust that we stand ready to guide you every step of the way and our Monroe medical malpractice attorneys can protect your rights to compensation.

Benefits of Hiring a Medical Malpractice Lawyer

If you have been injured due to medical malpractice, it is strongly recommended to seek zealous legal representation. Our experienced Louisiana medical malpractice lawyers can assess the situation and advise if further action should be taken. We can evaluate your medical bills, document medical records and speak with medical experts on your behalf. Additionally, our legal team can negotiate a settlement on your behalf and maximize any potential recovery for financial, and damages you may have suffered as a result of medical negligence. 

How Long Do I Have to File a Medical Malpractice Claim?

All personal injury claims are limited by a law called the statute of limitations. This law places a time limit on how long an injury victim has to file a claim before they lose their legal right to file and recover compensation for their injuries. Medical malpractice claims are unique in personal injury law in that the statute of limitations governing them is more complex.

According to the Louisiana Revised Statutes section 9:5628, you have one year from the date you sustained your injury to file a claim before the statute of limitations ends. However, since injuries inflicted through medical malpractice are not always discovered right away, Louisiana has implemented a law which allows the one-year time clock to begin once the injury has either been discovered or should have reasonably been discovered

This is often called the discovery rule. It’s important to note that claimants who use this rule as part of their case are usually required to show some type of proof that you did not discover your injuries or could not have reasonably discovered them. There is a total cap on the statute of limitations even with the discovery rule, of three years. The statute of limitations is a complex area of law. 

The medical malpractice attorneys at Parker Alexander can help you understand your rights and options. Call our firm today to get started.