To prove malpractice, you will need an expert in the field in which you encountered the malpractice. For liability purposes, you may need an expert to establish causation as well. Then you will need an expert to establish and assess damages if your damages are economic, such as lost earnings. Finally, you would need fact witnesses to show the fact of the case. Still, our Supreme Court and appellate courts have made it clear that there are rarely circumstances whereby an act or an omission on the part of a healthcare professional is on its face a violation of the standard of care. We don’t need an expert for that, but you’d be surprised to see the reported cases where a sponge is left in a patient and years later, it causes problems, and the courts have declared that to not be a violation of the standard of care on the part of the doctor.
So, you need an expert to be able to establish the standard of care, if it was violated, and if so, how it caused injury to the patient. That is the job or the function of the panel. Once the panel is over and a suit is filed in the district court, it becomes the plaintiff’s burden to prove. Unfortunately, about 94% of panels come back in favor of doctors and other healthcare professionals in our state.
For more information on Medical Malpractice Law In Louisiana, an initial consultation is your best step. Get the information and legal answers you are seeking by calling (337) 289-0626 today.