We trust medical professionals to help make us feel better when ill or injured. However, that’s not always the case. Avoidable medical mistakes are among the leading causes of death in the U.S., only behind cancer and heart conditions. In fact, more than 440,000 people die annually as a result of medical negligence and other injuries.
Suppose a medical professional fails to exercise a duty of care, resulting in an injury to the patient; victims can file a lawsuit for medical malpractice. A New Orleans medical malpractice attorney can help you get justice for the life-threatening and altering errors made by medical professionals. Contact us to schedule a free, no-obligation case review with the experienced team at Dudley DeBosier injury lawyers.
What Is the State of Louisiana’s Definition of Malpractice?
Medical malpractice refers to any unintentional tort or breach of contract based on healthcare services rendered or which the healthcare provider should have rendered, including failure to provide services on time and handling of patients, including loading and unloading a patient.
It also includes all legal responsibilities of a healthcare provider arising from acts or omissions during the procurement of blood or blood components, in the training or supervision of healthcare providers, or from defects in blood, drugs, medicines, tissues, and transplants, or from defects in or failures of prosthetic devices implanted in or used in the person of a patient. These circumstances often result in permanent damage to a patient or death.
Medical Malpractice Claims
Some common medical malpractice claims include:
- Misdiagnosis: This happens when a healthcare provider comes to a conclusion without performing due diligence.
- Device defects: Faulty equipment can cause accidents or lead to misdiagnosis.
- Emergency room errors: A wide range of errors can occur in an emergency room setting: Failure to properly use the machines, switched charts, failure to adequately monitor, and more.
- Anesthesia errors: This occurs when a patient isn’t properly cared for or is given the wrong dosage of sedation or medicine.
- Birth and maternal mortality: Despite the increased usage of modern technology in delivery rooms, the number of pregnancy deaths has increased over the past decade. While some are due to unavoidable circumstances, others result from the negligence of healthcare providers.
- Surgical errors: Surgical errors can be anything from operating on the wrong body part to making the wrong incision.
How Can You Prove a Medical Malpractice?
To receive compensation for medical malpractice New Orleans attorneys will need to prove that the medical professional in question was negligent. This entails satisfying the following elements:
- You need to prove that the medical professional owed you a duty of care at the time when the malpractice occurred. You can’t hold a medical professional liable if they weren’t acting in a professional capacity. To satisfy this element, you need to show that you were a patient and received treatment from the at-fault healthcare provider.
- You need to prove that the medical professional breached their duty of care to you. This means proving that they acted in a way that a similarly trained medical professional wouldn’t have. You can prove the breach of duty of care by showing medical records, having experts testify on your behalf, and taking witness testimony.
- You need to show that the breach of duty of care directly led to your illness or injury. For instance, suppose a doctor failed to diagnose your cancer, and the condition progressed because of this, you can have a medical expert testify to show that the inaccurate diagnosis led to the injury.
- You also need to prove that the injuries you sustained led to damages you can claim in a settlement. Some damages you can claim include past and future medical expenses, lost wages, pain and suffering, disability accommodations, and more.
Reach out to Dudley Debosier Injury Lawyers to schedule a free case review.
Do You Need a New Orleans Medical Malpractice Attorney?
Life after being a medical malpractice victim can be emotionally, physically, and financially challenging. You could struggle with paying your medical bills and may have to stop working due to the injury. Even worse, you could face a reduced quality of life or a lifelong disability. The last thing you want to do in this state is to try to prove medical malpractice on your own. A New Orleans medical malpractice attorney from Dudley Debosier can help you file a strong medical malpractice lawsuit to increase your chances of getting maximum compensation for your injuries.
By hiring a medical malpractice lawyer, you will have someone on your side who can conduct an extensive investigation of your claim, gather all the necessary evidence to strengthen your case, and find expert witnesses who can testify on your behalf. A medical malpractice attorney can also negotiate the highest possible settlement in case you’re settling your malpractice claim outside of court.
Initiate a Legal Strategy Sooner Rather Than Later
Under Louisiana state law, you must file your medical malpractice lawsuit within one year from the date of the malpractice, failure of which the court may refuse to hear your claim. Needless to say, you should hire a medical malpractice attorney in New Orleans as soon as possible to help you with the collection of evidence and the filing of the claim within the stipulated duration.
Remember that medical malpractice cases can take several months to resolve, and each case is unique, so most factors determining how long it will take to resolve your case are out of your control. As such, by initiating your legal strategy sooner rather than later, you have a better chance of having a solid case that doesn’t take long to resolve.
How Can Dudley DeBosier Help With My Case
At Dudley DeBosier injury lawyers, we understand that the period after becoming a medical malpractice victim can be challenging. We believe it’s our job to fight for our clients by providing them with dedicated legal representation to help them get compensation for their injuries.
Dudley Debosier Injury Lawyers are the medical malpractice attorneys New Orleans residents can count on to evaluate their malpractice case by scheduling a free consultation today. Discover the Dudley DeBosier legal representation experience.
This post has been reviewed by Chad Lederman at the New Orleans Dudley DeBosier office.
Attorney-client confidentiality is a legal principle that ensures that certain information a client shares with their attorney remains confidential. It’s not just about trust, but […]Read More
Originally published May 31, 2021. There’s nothing quite like riding down the road on your motorcycle, enjoying the breeze. Unfortunately, riding motorcycles can be dangerous, […]Read More
If you’ve suffered a personal injury in Baton Rouge, you may be wondering whether you can file a personal injury claim without the help of […]Read More
Experiencing a personal injury can be a life-altering experience, impacting your physical, emotional, and financial well-being. Whether it’s the result of a slip and fall […]Read More