Over 125 years of
Combined Experience
Get MY Free Consultation

No Fees Until You Get Paid

September 23, 2020

How to Sue a Doctor in Louisiana

If your medical provider harmed you through negligence, you could be able to obtain compensation for your injuries. However, the process of filing a medical malpractice claim is complicated. Doctors are equipped with more protection against lawsuits than the average person.

Not only will you have to prove that your medical provider committed medical malpractice, but you’ll also have to file your medical malpractice claim within the statute of limitations. Contacting a medical malpractice attorney can help you increase your chances of obtaining compensation through a personal injury lawsuit.

The following will help you understand the importance of proving the fault of your medical provider, along with information about laws that could affect your claim.

Proving Medical Malpractice

Injuries such as a broken arm require professional treatment from a medical provider. When a medical provider is negligent in their treatment of your injured arm, there’s a risk of permanent damage. For this reason, if you believe you are the victim of medical malpractice, then you have a chance to obtain compensation through a lawsuit.

However, proving your medical malpractice is a confusing and challenging process. For example, you will have to demonstrate that your medical provider failed to provide the medical standard of care, which means you didn’t receive treatment equal to that of a similar medical provider in a similar situation.

Next, you’ll have to demonstrate how the negligence of your medical provider directly caused the development or worsening of your illness or injury. For example, if your wounds become infected because of inadequate sterilization by your medical provider, you will have to prove that your doctor, nurse, or dentist failed to properly sanitize the operating area and medical equipment.

Statute of Limitations for Medical Malpractice 

The statute of limitations for medical malpractice in Louisiana is one year from the date of your original incident. If you find out about your medical malpractice at a later date, then the time limit for you to file your medical malpractice claim starts from that specific date. 

However, you cannot file a medical malpractice claim after three years, regardless of when you discover negligence.

Consult a Louisiana Medical Malpractice Lawyer

Filing a medical malpractice claim is no easy process. Luckily, the team at Spencer Calahan Injury Lawyers is here to help complete this difficult task. We can help you gather the necessary evidence needed to prove the negligence of your medical provider. 

To speak with one of our Louisiana medical malpractice attorneys, call 225-387-2323. You can also fill out the online contact form at the bottom of this page to learn more.