It is an open secret among Louisiana medical malpractice lawyers that all of us lose for our clients before we win.
But what does that mean?
Well, it means that no matter how good you might be, how great a case you might have, how clear and obvious the malpractice is, your case is almost certainly going to lose when the Medical Review Panel does their case review.
But, when you take that exact same case to trial, with the exact same evidence, after the review board shoots it down, you can win.
Simple Facts Don’t Mean Simple Results
Take for instance a recent case that concerned a young child, Elizabeth Zerangue, whose appendicitis went undiagnosed and resulted in it rupturing.
Elizabeth, 7 years of age, presented at Lafayette General Hospital with abdominal pain, nausea, vomiting and diarrhea. She saw Dr. Scott Hamilton, a pediatric ER physician, who failed to order certain diagnostic tests that could have deducted the appendicitis and extensive surgery and recovery that occurred thereafter.
It appears simple enough.
Child goes to ER. Complains of pain in abdomen.
Doctor falls below the standard of care by failing to order a CT scan that would have found the appendicitis.
Doctor discharges patient, who then worsens, and is forced to undergo surgery the following day.
The cost of medical expenses was a whopping $217,000 for what could have been a simple, appendix removal.
She was further awarded more than $100,000 in general damages for pain and suffering.
You think that would be an open and shut case.
You think the insurance company for the doctor and the Patient’s Compensation Fund, which provides excess insurance for all Louisiana Qualified Health Care Providers, would have settled with Elizabeth’s family for, probably, a fraction of what they ultimately paid.
Unfortunately, that’s how it works in Louisiana medical malpractice cases. No matter how straightforward or simple the fact pattern, doctors and their insurer (usually LAMMICO) are unwilling to settle cases quickly.
The Cold Hard Truth
Instead they force plaintiffs and their lawyers into long, dragged out lawsuits, that almost certainly go to trial or, worse, don’t get plaintiffs paid because they are discouraged when they lose at the medical review panel stage.
They want you to not file a case.
They want you to be discouraged after the review panel where doctors win 92% of the time – that’s an actual statistic!
They want you to give up even though they hurt you or your child.
Don’t Let Them Win
So what are you going to do?
Are you going to be a victim? Are you going to let errant doctors ruin your child’s life and get away with it?
It is not just. And they must pay so that other doctors are on notice that there is a consequence to failing to do their job correctly.
Sure, accidents happen. Mistakes are made. But, you shouldn’t be able to get away with it. You should step up and pay what is owed to those who have been harmed.
Most doctors, most hospitals and most insurance companies won’t do it.
They play the numbers and their numbers greatly favor them fighting a case, even if the doctor did something wrong.
These are not honorable people or honorable companies. So we must make a stand.
I have directed my practice to helping those who want to make a stand because I know what it is like to have your family ripped apart due to medical negligence.
I also know what it is like to be a son of two doctors and a husband to another.
I know how both sides feel, which puts me in a position of great power to make change happen, fairly.
Let me help you and your family find peace and justice.
I am Ramesh Reddy.
I started the Reddy Accident Law with one goal in mind:
To help medical malpractice victims and their families, like myself,
get justice when doctors harm them.
When medical accidents happen..Get Reddy
And be Heard!