New Orleans Medical Malpractice Law Firm
Medical malpractice claims occur when a patient is injured by negligence on the part of nurses, physicians, hospitals, clinics, surgeons or other medical professionals. Louisiana medical malpractice is far more common than many people realize and can lead to fatalities or serious injuries.
Louisiana medical malpractice can happen if doctors fail to check a patient’s chart and perform surgery on the wrong site. It can also happen if patients are given the wrong medication or the wrong doses. Misdiagnosis is often caused by medical malpractice, with doctors missing important symptoms that they should have been able to interpret.
A Mistake or Negligence?
Not all medical errors result in a lawsuit. To claim malpractice, a plaintiff and their attorney need to prove that negligence occurred. To prove negligence, the plaintiff and their Louisiana medical malpractice attorney must show that a similarly qualified doctor would have made a very different prognosis or maneuver in the same situation with the same information.
Our malpractice attornies in NOLA may decide to pursue a claim if they see examples of negligence such as:
- A patient given medication they have indicated they are allergic to
- An infection occurring due to poor hygiene in a hospital
- A patient being over or undermedicated
- A cancer misdiagnosis
Examples of Medical Malpractice
Any time a patient is seriously injured or suffers complications due to negligence on the part of medical professionals or medical staff, they may have a malpractice claim. Examples of medical malpractice include:
- Misdiagnosis or Delayed Diagnosis: This can occur because a doctor or medical professionals fails to recognize symptoms or a condition or fails to run the appropriate tests. For example, if a patient presents with a tumor and the doctor fails to check for cancer, this may be malpractice. If an older patient with hypertension presents with chest pains and the doctor fails to recognize a heart attack, that doctor may be held liable if the patient is shown to be having a heart attack and suffers injuries as a result.
- Emergency Room Malpractice: The busyness of emergency departments is no excuse for doctors being negligent. If a patient is incorrectly triaged and left to wait while their condition becomes dangerous, the patient may have a claim if they suffer losses. If an ER doctor fails to properly diagnose or treat a condition, they may be held liable if their actions or lack of action represent negligence.
- Medication Errors: Physicians and nurses are expected to check dosages and patient charts. If they give a patient a medication the patient is known to have an allergy to or if a patient is given an overdose of a medication that leads to serious injury or fatality, physicians and nurses may be held liable.
- Anesthesia Errors: If an anesthesiologist fails to monitor a patient under anesthesia or gives the wrong amount to a patient, brain damage can occur. In these cases, the patient may have a claim.
- Surgery Errors: Leaving medical instruments in a patient, operating on the wrong site or failing to use medical equipment correctly during surgery can all cause serious injuries and can result in a claim.
- Childbirth Injuries: These injuries can occur if a doctor incorrectly uses forceps or uses too much force during the delivery. Childbirth injuries can also occur if a doctor negligently fails to monitor the patient. This can result in delayed C-sections and injury to the baby or failure to diagnose dangerously high blood pressure or other complications which can cause injury to the mother and child. Physicians who do not take reasonable care can also expose mother and child to dangerous and even life-threatening infection, including sepsis.
- Patient Mix-Ups: This can occur when couples go to a doctor for fertility treatments and are implanted with the wrong embryo or the wrong DNA. Patient mix-ups can also result in patients having the wrong part operated on or receiving the wrong treatment.
- Radiology Negligence: When radiologists fail to read and check x-rays and other imaging tests correctly, they can miss fractures, tumors and other conditions which need treatment. This can lead to delays in treatment and dangerous complications.
- Hospital Negligence: When patients are in a hospital and contract infections or bedsores due to negligence or suffer injury due to negligence on the part of the hospital, patients may have a claim.
- Dental Negligence: Negligence can occur in the dental office, too. Dentists may fail to notice obvious signs of infection, and this can lead to life-threatening sepsis and other infections which can lead to paralysis and permanent injury.
How Do You Know If You Have a Medical Malpractice Case?
Not every bad medical outcome is a medical malpractice case, and it can be challenging for patients to tell whether they have a claim. One challenge with these cases is that it can be difficult to tell whether a doctor made an honest mistake or failed to act in a reasonable manner.
In malpractice claims, a medical malpractice attorney in New Orleans will typically establish malpractice by working with medical experts who can testify what a similarly-trained physician or healthcare professional would do in a situation like the one which resulted in your injury. This can help establish whether your doctor’s actions fell outside of what is considered reasonable care.
Secondly, it can be challenging for patients to tell how the injury occurred and who the liable parties are. In a case of misdiagnosis, for example, it can be difficult for a patient to tell whether the problem occurred because a doctor failed to notice symptoms, a lab test was performed negligently or medical results were lost due to chart errors. There are many people involved in a patient’s care, so determining where things went wrong can be complicated. In addition, medical staff rarely admit to wrongdoing or volunteer information that can lead to a legal claim.
When to Contact an Attorney
A medical malpractice lawyer in New Orleans can help you establish whether medical malpractice occurred. An attorney can subpoena medical records and review the circumstances leading to your injury. Since they have handled many medical malpractice claims, their trained eyes could detect signs of malpractice you may miss. In addition, attorneys have a strong understanding of the law regarding medical malpractice and can determine whether your case fits the legal definition.
If you’ve had any negative outcome in a medical setting, it’s important to talk to a lawyer for your medical malpractice case. An attorney can tell you whether you have a claim and help you understand the details. They can give you legal advice and represent you in court. Attorneys can work with medical experts to strengthen your claim and can secure evidence in your case.
If you suspect you may have been affected by medical negligence, it’s important to consult with an attorney right away, even if you’re not sure you have a claim. An attorney can start the filing and legal process quickly to ensure you are not stymied by statutes of limitations. They can also support you throughout the legal process, so you can focus on your medical recovery.
If you need a medical malpractice attorney anywhere in the New Orleans area, contact Irpino, Avin & Hawkins Law Firm for a free consultation.
Contacting an Attorney
Many of us think of accidents as simply unavoidable mistakes. Many so-called medical errors, however, are preventable and caused by negligence or recklessness. If you find your life changed or your finances threatened by an accident, you want answers. You deserve to know whether someone’s recklessness led to your injuries. If it did, our New Orleans malpractice attorney may be able to help you seek compensation for the damages you suffer.
If you have suffered injuries or complications following a hospital stay or doctor’s visit, you may not be sure whether you need a lawyer for a medical malpractice claim. In many cases, it can be difficult to know whether your injuries could have been prevented.
If you have suffered an injury, contact our medical malpractice attorney in New Orleans. Our medical malpractice lawyers in New Orleans will offer compassionate legal advice and guidance. Our caring and professional medical malpractice law firm has already recovered significant compensation and settlements for other patients injured by preventable medical mistakes. Contact our medical malpractice law firm in New Orleans for a consultation to find out how we can help you.