Medical malpractice, also known as medical negligence, occurs when a medical professional’s negligent act or omission results in injury. There are numerous situations in which medical malpractice occurs. The most common types of malpractice include surgical errors, failure to properly treat or monitor, misdiagnosis, failure to diagnose and prescription error.
Medical malpractice can be any improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional.
According to the Institute of Medicine, approximately 98,000 patients die each year due to preventable medical errors. Countless others suffer life-changing injuries. When healthcare professionals make mistakes, tragedy can result. Victims and their families struggle to pay bills, to obtain appropriate medical care, therapy, rehabilitation, nursing and attendant care, handicapped housing, van, etc., and to proceed with their lives.
An experienced Louisiana medical malpractice attorney, such as L. Clayton Burgess, can guide you through the process and answer your questions to determine whether or not you have a claim and are entitled to compensation.
The Journal of the American Medical Association (JAMA) reports medical negligence is the third leading cause of death in the U.S.—right behind heart disease and cancer, while Forbes Magazine reports that in 2012 over $3 billion was spent in medical malpractice payouts, averaging one payout every 43 minutes.
Medical malpractice occurs when a health-care provider deviates from the recognized “standard of care” or is negligent in the treatment of a patient.
WHEN DO I HAVE TO FILE MY CLAIM?
Louisiana law requires that a patient bring a claim for medical malpractice within one year from the date of the medical malpractice or within one year of the date that the patient knew or should have known of the medical malpractice.
Louisiana has what is known as the discovery rule. If a patient did not know, or should not have known of medical malpractice with reasonable diligence, then that patient has one year from the date he discovers (or should have discovered) the medical malpractice in which to file a claim. However, in no event can a patient ever bring a claim more than three years from the date of the malpractice even if he had no idea that malpractice was committed on him until more than three years after the date of the alleged medical malpractice. This three year strict limitation is referred to as a statute of repose.
Our medical malpractice attorneys have recovered remarkable monetary damages for clients who have been injured due to medical malpractice. Contact the experienced attorneys today at the law offices of L. Clayton Burgess to discuss your claims and let us explain how we can safeguard the legal rights of you and your family. Call today at 337-234-7573 or toll free 877-234-7573.
Claims against private healthcare providers are governed by the Medical Malpractice Act, (the “MMA”), La. R.S. 40:1299.41 et. seq, while claims against public or state healthcare providers are governed by the Malpractice Liability for State Services Act, (the “MLSSA”), which is found in La. R.S. 40:1299.37 et. seq. These laws, establish the substantive and procedural law relating to claims of medical malpractice.
We pursue claims against:
We pursue claims for:
- Birth injuries
- Cerebral palsy
- Brachial plexus palsy
- Erb’s palsy
- Oxygen deprivation
- Misdiagnosed and late-diagnosed diseases, such as cancer
- Wrongful death
- Failure to diagnose
- Delay/failure to treat
- Brain injuries
- Spinal cord injuries
- Prescription errors
- Surgical errors
- Anesthesia mistakes
- Hospital negligence
- Emergency room errors
- Gynecological errors