It is important
to consult with an experienced and qualified medical malpractice law
firm in the Baton Rouge, Lousiana area. Many times malpractice is not recognized
by an attorney because they lack the expertise or fail to consult with
the appropriate medical experts. In order to have a valid claim two
elements must be established: First, did the doctor's care fall below
the accepted standard, and second, did the mistake cause the condition
or increase the risk for future harm.
Medical malpractice
is simply a health care provider not doing what he is supposed to
do or doing what he is not supposed to do. The term is used simply
to indicate ordinary negligence, medical negligence by a health care
provider that causes an injury. The theory of negligence in these
cases is no different than that of an automobile accident caused by
someone who was not necessarily careful at that moment in time. Each
state has a statute, case law, or jury instructions which define what
the standard of care should be, how the proof of skill or reasonable
treatment is to be presented, and whether it is to match local standards
or national standards.
Sometimes the
standards between office and hospital based physicians vary. Frequently
there is a different standard set by law for emergency room physicians
than for others. The standard of care is constantly improving and what
was appropriate, acceptable or Commondone yesterday may not be so tomorrow.
If you think you or a loved one may have been the victim of medical
malpractice, you deserve to know the truth.
