Medical Malpractice can occur in many different ways. It can occur as a result in a delay of treatment, a failure to diagnose, a botched surgery, and numerous other scenarios. Not all errors in medical diagnosis or treatment are necessarily malpractice. There are certain risks that arise in the practice of medicine. The fact that there is a poor outcome does not necessarily mean that the physician or facility can be held liable.

To be held liable, the physician or facility must have fallen below "the standard of care". Not only must a doctor have caused an injury, but the injury must result from not following the proper standard of care. A standard of care holds a person of exceptional skills or knowledge to a duty of acting as would a reasonable and prudent person possessing the same or similar skills, under similar circumstances. A healthcare provider's actions are measured against other caregivers in a similar community or location. If the healthcare provider is a board certified specialist then his actions would be measured against other board certified specialists on a national level.

Medical malpractice claims must be filed within a certain time period. If the claims are not filed within these time frames, then the patient or his family will forever lose their right to bring a claim. In Louisiana, generally you have one year from the date of the malpractice, or one year from the date you knew or should have known of the malpractice, with a maximum of three years. It is sometimes hard to determine if you have a claim or when the statute of limitations begin to run. Attorneys at Neblett, Beard & Arsenault have extensive experience in handling medical malpractice claims and work with the finest medical experts to ensure that the outcome of these claims are successful.

If you or a loved one believes they were injured as a result of medical negligence, contact the medical malpractice attorneys at Neblett, Beard & Arsenault online or call us at 800-256-1050.