How to Try Medical Malpractice Lawsuits
It takes experienced trial attorneys like Joseph Joy & Associates of Lafayette to litigate medical malpractice claims. In Louisiana, medical malpractice plaintiffs are required to submit their claims to a medical malpractice review panel. Lafayette Attorney Joseph Joy has successfully brought many medical malpractice claims to trial, recovering millions for clients. But, Joy says, the process is long and very expensive.
“It typically takes a year and a half for a medical malpractice review panel to render its opinion,” attorney Joseph Joy explains. “Unfortunately, in Louisiana, experience has shown that a vast majority of medical malpractice review panels usually vote in favor of the doctor and against the injured plaintiff/patient. A good medical malpractice attorney must have the experience to navigate the medical malpractice review panel process, which is often stacked against the patient/plaintiff.”
According to Attorney Joseph Joy, the medical malpractice attorney must first file a complaint with Louisiana’s Patient Compensation Fund located in Baton Rouge. That triggers a long, complicated and expensive proceeding which requires both sides to appoint an expert of their choosing, in addition to a third panelist. “I would say that 98% of the time, the panel comes down on the side of the physician. But that does not deter a good medical malpractice attorney from then moving forward by filing a lawsuit in court.”
Attorney Joseph Joy cautions patients who think they have a medical malpractice claim against their doctor to be aware of the medical malpractice review panel process and engage an attorney who knows what he’s doing. “The medical malpractice review panel process has an important effect on prescription, also known in other states as statute of limitation – the time within which a patient/plaintiff has to file suit. The attorney needs to carefully watch these deadlines and timely file suit in court, after the panel has rendered its opinion.”
According to Attorney Joseph Joy, the Med Mal review panel process is a mandatory step before filing a lawsuit. “If a plaintiff files a lawsuit in court before submitting their claim to the medical malpractice panel, it is deemed premature,” Joy said. “So it is vitally important that a patient hire a lawyer who is well-versed in the process, with a successful track record of litigating medical malpractice claims in Lafayette and South Louisiana.
Call our office now at 337-232-8123 or visit us at 900 S. College Rd., Lafayette, LA and attorney Joseph Joy can make an appointment to evaluate your medical malpractice claim.