Medical Malpractice

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Doctor’s should Heal NOT Hurt!

The National Practitioner’s Data Bank (NPDB) was created by congress to register and report information on medical malpractice payments and adverse actions against healthcare professionals; however this information is confidential and not available to the general public. Medical malpractice is reported when an actual cash payment is provided to the injured party, while adverse actions are penalties imposed on a healthcare professional such as loss of licensure or privileges at certain hospitals; civil and criminal convictions are also reported. NPDB reports there were 3,717 malpractice payments and 10,844 adverse actions in Louisiana, between 2005-2015. Preventable medical errors are considered the 3rd leading cause of death in the United States following Heart Disease and Cancer respectfully.

Medical malpractice or negligence can include misdiagnosis, performing procedures or surgeries that are not necessary, discharging a patient prematurely, or prescribing the wrong medication or dosage to name a few. In any malpractice claim the injured party must show that the healthcare professional acted negligent while providing care; furthermore the injured party must prove the healthcare provider had a professional obligation to provide medical treatment using a standard of care to the injured party; the healthcare professional did not fulfill their obligation; an injury was caused due to non-fulfillment of the obligation due to negligence and resulted in significant damages, such as, disability, a hardship due to future medical costs, and unusual pain.

The Patient’s Compensation Fund was created by congress in 1975; it is 100% self funded by healthcare professionals enrolled by means of a surcharge based on their field of practice. The fund was set up to protect and off-set the healthcare system as a whole, providers and consumers, from rising costs malpractice claims. The Patient’s Compensation Fund also sets a cap at liability at $500,000, with the healthcare professional being responsible for up to the first $100,000. If you have been injured due to a healthcare professional’s negligence, call us today at 318-582- 2437.

The Willie Stephens law Firm is here to help you through this trying time; call now for a free consultation!