When you visit an emergency room, you expect to receive prompt and competent medical care.
Unfortunately, mistakes can happen, and if you have been the victim of an emergency room error, you may be wondering if you can file a medical malpractice lawsuit to seek compensation for your injuries.
In this blog, our personal injury attorneys at Harmon, Smith & Vourvoulias will discuss whether you can file a lawsuit for an emergency room error in New Orleans.
What is considered an emergency room error in New Orleans?
An emergency room error can occur in many different ways, including:
- a misdiagnosis,
- a delay in treatment,
- a medication error, or
- a failure to provide appropriate follow-up care.
Whatever the cause, if the error was the result of negligence or medical malpractice, you may have a valid legal claim.
Filing a medical malpractice suit for emergency room error
To file a lawsuit for an emergency room error, you will need to prove that the healthcare provider or facility breached the standard of care owed to you.
The standard of care refers to the level of care that a reasonable healthcare provider would have provided in similar circumstances. In other words, you will need to show that the healthcare provider or facility failed to act as a competent healthcare provider would have under similar circumstances.
In addition to proving that the healthcare provider or facility breached the standard of care, you will also need to prove that the breach caused your injuries. This means that you will need to show that your injuries were a direct result of the healthcare provider or facility’s negligence or medical malpractice.
To support your case, you will need to gather evidence, such as medical records, witness statements, and expert testimony. An experienced New Orleans personal injury attorney can help you gather and present the evidence needed to build a strong case.
How long do I have to file a medical malpractice suit in Louisiana?
In Louisiana, the statute of limitations for medical malpractice lawsuits is one year from the date of the injury or from the date the injury was discovered, but no more than three years from the date the injury occurred.
It is important to act quickly to ensure that you do not miss this deadline.
Compensation in a Louisiana medical malpractice lawsuit
If you are successful in your lawsuit, you may be entitled to compensation for your injuries. This may include medical expenses, lost wages, pain and suffering, and other damages. The amount of compensation you receive will depend on the specific facts of your case.
It is important to note that filing a medical malpractice lawsuit can be a complicated and time-consuming process. It is essential to hire an experienced attorney who can guide you through the process and help you build a strong case.
Contact Harmon, Smith & Vourvoulias medical malpractice attorneys today
At Harmon, Smith & Vourvoulias, our attorneys have extensive experience representing clients in medical malpractice cases, including those involving emergency room errors. We understand the challenges that our clients face when they have been injured due to medical negligence, and we are committed to helping them seek the compensation they deserve. If you believe that you have been the victim of an emergency room error in New Orleans, contact us today to schedule a free consultation.