There are many critical factors to consider in a medical malpractice claim. Establishing that a doctor or other medical professional made a mistake requires a thorough understanding of state law as well as medical procedures. An experienced personal injury attorney must demonstrate that a doctor or surgeon provided inadequate care.
When doctors fail to meet the professional standards set in the medical field, the results can be catastrophic. Malpractice injuries can occur due to errors in diagnosis or botched surgical procedures.
Regardless of the nature of the error, a Louisville medical malpractice lawyer will hold a negligent health care provider accountable for their mistakes through litigation. A successful civil lawsuit could recover monetary compensation for your injuries, and potentially prevent future patients from experiencing the same fate. We are ready to help injured individuals in the Louisville and Southern Indiana area!
In most negligence cases, an injury victim can move forward with a lawsuit as soon as they are able. While certain considerations go into the timing of a lawsuit, that decision is between a prospective plaintiff and their legal counsel. This is not the case in Louisville medical malpractice lawsuits.
Before filing a medical malpractice claim, a Louisville attorney must comply with a state law requiring a medical review panel. The court will bar any plaintiff from moving forward with a malpractice claim if they have not first satisfied this requirement.
Since 2017, state law has required that every injured claimant submit their claim to a medical review panel before filing suit. Once a plaintiff and their Louisville medical malpractice attorney file a copy of their proposed lawsuit with the panel. The panel will then review medical records, call witnesses, and consider the evidence provided by the plaintiff. After no more than 30 days, the panel must issue an opinion on whether medical providers named in the suit violated their standard of care, and if this violation was directly responsible for the plaintiff’s injuries. If for some reason the panel has not rendered a decision after nine months, the plaintiff is free to proceed with their lawsuit.
A plaintiff maintains the right to file a lawsuit no matter what the medical review panel decides. However, the court will hear the panel’s conclusion as evidence at trial and treat it like expert testimony. While not conclusive, the outcome of the panel’s decision can weigh heavily at trial. It is crucial to have an experienced Louisville medical malpractice attorney during the course of the panel and the ensuing lawsuit.
There is a strict deadline to file a medical malpractice case under state law. A plaintiff only has one year to file suit. This one year window starts on the date a plaintiff discovers or should have discovered the medical injury. While this gives some flexibility to plaintiffs who do not immediately discover malpractice occurred, the law sets a hard deadline of five years after the date malpractice occurs, regardless of when the injury is discovered.
Medical review panels also play a role in determining the deadline to file suit. The one-year time frame is put on hold during the course of the review process, meaning the length of time a panel takes to hear a case can be added to the one-year limitations period.
Taking on a medical care provider can seem like an impossible task. These doctors understand your medical treatment better than you, and an insurance company and their lawyers are often on their side.
While this may seem like a lot to take on, a skilled Louisville medical malpractice lawyer can make the process easier. We are ready to help you seek justice for your injuries. To get started on your malpractice claim, call today to schedule a consultation.
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