Medical Malpractice
What is Medical Malpractice?
Medical malpractice is a complicated form of law. Not every mistake made by a healthcare professional or facility is malpractice. Likewise, not every bad medical outcome is a result of negligence. Yet, medical error is the third leading cause of death in America. With this in mind, if you have experienced medical malpractice, a Lafayette Medical Malpractice & Negligence Lawyer can help.
Medical malpractice occurs when medical treatment is below the accepted standard of care. Legally, healthcare professionals should provide patient care up to a certain standard. You might be wondering exactly what a ‘standard of care’ is. Standard of care is the proper medical treatment accepted by medical experts. In other words, the standard of care is the customary practices of the average physician.
Our medical providers guide us through our medical problems. Because medicine is a very complex topic, we need specially trained and vetted personnel to look after medical issues. Like in any field, there are mistakes or failures of judgment. Unfortunately, these mistakes can lead to serious injury or death.
Indeed, medical malpractice law is in place to ensure patients receive competent care. In Louisiana, the standard of care falls under the Louisiana Medical Malpractice Act. This act sets the standards Louisiana healthcare providers have to meet. More Sources: Louisiana Law Review
IF YOU OR A LOVED ONE IS IN NEED OF LEGAL ASSISTANCE, CONTACT OUR LAFAYETTE MEDICAL MALPRACTICES LAWYERS NOW.
Call our office today for a FREE review of your medical negligence case. We typically work on a contingent agreement basis, which means our fees are contingent upon the outcome of your case.
Don’t Delay! You may have a valid claim! Let us help you get your compensation before the statute of limitations expires!
Medical Malpractice Law Can Be Complicated
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What is a Medical Malpractice Claim?
Medical mistakes can have very permanent consequences. Sometimes they are fatal to patients. Survivors of medical malpractice usually experience some type of disability. They may also need ongoing care and rehabilitation. To make matters worse, these types of mistakes are expensive to bring to court. Malpractice cases are challenging to prove, and require a panel of experts. Here are some common types of malpractice:
Doctors can fail to diagnose a condition for a long period of time. A doctor may misdiagnose an illness as something else. The most common failure is when a doctor dismisses a patient’s symptoms. Causing a patient can miss out on crucial, even life-saving treatments. Misdiagnosis can also lead to unnecessary or harmful interventions and treatment.
Accidents can happen during surgery. But sometimes medical staff are negligent. Medical charts are can be misread. Procedures may happen on the wrong part of the body. Surgical equipment might be left inside the patient’s body. Post-surgical care and guidance could be insufficient or improper. All of these situations can lead to unnecessary infections and injury.
Medication errors are very common. They occur most often during anesthesia. For example, the wrong class of drug could be prescribed. A nurse may administer the wrong dosage. Medical staff might overlook a serious drug interaction or allergy. Medication errors are common and easy to miss.
When Do I Have To File My Claim?
Louisiana law has a one-year statute of limitations on medical malpractice claims. Basically, this means a patient has one year from the day of the incident to file a medical malpractice claim.
Louisiana also has something known as the discovery rule. If a patient did not know, or couldn’t be expected to know of the medical malpractice, they also have one year to file. In this case, they must file within one year from the date they discover the medical malpractice. But, there’s a strict three year limit for filing medical malpractice claims. Even if the patient had no idea that malpractice happened until after the three-year limit. This three-year strict limitation is the statute of repose.
Why Call Us?
Winning financial damages in a medical malpractice case is dependent on a few issues. Specifically, you would have to prove that your doctor’s negligence caused avoidable damage. Damages can be many things. Medical bills are recoverable damages. They should not come out of your pocket. You can receive:
- The loss of your earnings while injured.
- The loss of your earning capacity in the future.
- You can also receive compensation for the pain and suffering you endured because of negligence.
The Law Offices of L. Clayton Burgess take pride in our expertise in medical malpractice cases. Our Lafayette Medical Malpractice & Negligence Lawyers have twenty years of experience and can pull from a wealth of knowledge and resources. Perhaps you are struggling with lost wages, medical bills, and pain? If you have suffered from a negligent medical procedure, let us advocate on your behalf.
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Other medical malpractice claims can include:
- Anesthesia mistakes
- Emergency room errors
- Failure to treat
- Defective medical device
- Hospital negligence
- Surgical error
- Oxygen deprivation
- Paralysis
- Failure to diagnose
If you or you loved one has experienced injuries or death because of medical mistakes call Lafayette Medical Malpractice & Negligence Lawyer at The Law Offices of L. Clayton Burgess today.
