Birth injury lawsuits must be independently reviewed in Louisiana

New Orleans, LA – There are various kinds of problems that can happen during any medical procedure, and sometimes the mistake of a doctor can have devastating or life changing results. Birth injuries are problems that occur from when a mother starts to prepare to deliver a baby until she can return home with her child. Anyone who has experienced a birth injury has the option of contacting a lawyer in their area to bring a medical malpractice case against the doctor or hospital system responsible for these problems.

Requirements for medical malpractice in Louisiana

Because a birth injury is a subcategory of medical malpractice lawsuits, plaintiffs who allege an injury will have to ensure that their claim meets all of the standard requirements for a malpractice case under Louisiana law. This is more complex than standard negligence cases tied to a non-medical injury, so it is important for victims to get the proper legal help and guidance from an experienced lawyer.

A plaintiff needs to show that there was a relevant duty of care, and that the procedure used by the doctor in this situation deviated from accepted standards based on this duty of care. This is similar to showing a breach of duty in a negligence case, but for medical cases there will normally need to be some kind of specialized testimony or evidence related to the procedure in question. Most malpractice cases start by having a doctor with relevant experience give statements or testimony about what they believe went wrong. There also needs to be direct causation between this deviation from accepted medical standards and the plaintiff’s injury. 

Submitting documents to a panel of doctors

Louisiana has a special process where information needs to be shown to the state’s patient compensation fund at the start of the lawsuit. This is a form of gatekeeping to ensure that only legitimate malpractice cases proceed and utilize the state’s court system. 

Once relevant documents that describe the situation and birth injury are submitted, there needs to be a review by a panel of doctors. These panels are composed of three doctors, and they also choose a neutral attorney who can answer their legal questions as a fourth member of the panel. 

The findings of the panel will be stated in a report that is submitted to the courts where the malpractice case will be litigated. The doctors can also be called to testify during the trial about their findings and the information contained in the report. 

Locating a birth injury lawyer in Louisiana

USAttorneys.com is a site that can help people in New Orleans and other parts of the country find the right lawyer based on their specific problems. Users can choose their state and the lawyer’s practice area to get more information about getting in touch with a local legal professional.