When anyone visits a healthcare facility and meets with a doctor or another healthcare professional, they expect to receive the highest level of care. Often, they do. However, for some patients, that is not the case. When you have been hurt by the carelessness of a medical care provider, you need a Louisiana/Mississippi medical malpractice lawyer by your side. Medical malpractice cases are complicated, and you deserve compassionate support during this time.
Some individuals suffer serious injuries and even death due to the negligence of medical professionals. Whether the professional was underqualified, unaware of a condition, or negligent during a procedure, patients can file medical malpractice claims against these healthcare professionals to recover damages for the injuries they sustained.
The complexity and emotional strain of these cases means it is especially important that you find an attorney that you feel comfortable with and that you can trust to provide effective and diligent legal care.
Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C.: Louisiana and Mississippi Medical Malpractice Attorneys
As with all legal issues, medical malpractice cases can be difficult. Medical malpractice has unique complexities due to the proof required for a claim and negotiations taking place with the healthcare provider’s insurer.
Fortunately, our team at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. has a thorough understanding of the legal issues involved in medical malpractice, whether from birth injuries, misdiagnosis, surgical errors, inpatient falls, and more. We have helped countless individuals and families across Louisiana and Mississippi recover damages for the injuries they suffered across a wide array of medical malpractice cases. Our years of experience in this nuanced area of law allow us to efficiently and confidently prepare your case for trial, giving us an edge in the courtroom.
We Build A Strong Case To Obtain
Successful Outcomes For Our Clients
For more than 70 years, our firm has helped individuals and families in Louisiana and Mississippi. We know the significant effects that medical malpractice can have on injured individuals and their families. We offer caring and effective legal support, and fight for your justice.
Common Types of Medical Malpractice
Medical malpractice can arise from many different situations and can sometimes be hard to recognize. Some of the most common types of medical malpractice include:
- Childbirth Trauma and labor malpractice: Malpractice during birth can cause birth defects, injury to a parent and a child, and even lead to death. These errors are life-altering for a family and should be brought to justice.
- Surgery errors (improper suturing, leaving a foreign object in the body, etc.): Surgical errors can be devastating, leading to infection, illness, and unnecessary damage to a person’s organs. Medical providers should be held accountable when they fail to take appropriate care.
- Failure to diagnose: Similarly, medical providers can be held accountable for failing to diagnose a patient when they display clear symptoms. Failing to diagnose someone with a serious disease or a heart condition can even lead to their death.
- Misdiagnosis: When healthcare providers misdiagnose an individual, this can lead to incorrect treatment that can do more harm than good or allow the actual condition to go untreated. Medical providers can make mistakes like any person. But if there were clear indications that their diagnosis was incorrect and they still made the diagnosis, there may be grounds for medical negligence.
- Nursing Errors: Nursing errors can be serious, including medication errors, diagnostic errors, negligence, and other improper actions that cause harm to patients.
- Anesthesiology errors: These errors can include administering too little or too much anesthesia or not being looked after properly during sedation. These accidents can be fatal.
- Incorrect surgery site: Medical providers can cause serious harm and trauma to patients if they do not ensure that they are operating in the right location. An experienced attorney can help you protect your rights.
- Wrongful discharge: If a patient is wrongfully discharged from the hospital before they should be, it can lead to worsening conditions and even death. If you or a loved one was hurt because you were allowed to leave the hospital too soon, you may have a malpractice claim.
- Prescription errors: Prescription errors can occur from the medical provider who makes the prescription or from the pharmacist who fills the prescription. Errors include providing the wrong dosage, the wrong medication, medication the patient is allergic to, or not accounting for drug interactions.
- Delayed diagnosis: A delayed diagnosis can be just as dangerous as a misdiagnosis and can also include a delay in ordering proper testing. When a patient would have been in better condition if their healthcare provider had caught their issue earlier, this may be grounds for a claim.
- Inpatient falls: If patients in the hospital are neglected and not attended to properly, then they are more likely to fall as they move around without needed assistance. This negligence may be on the medical staff or the hospital itself for failing to have enough staff.
While many of the above instances can lead to minor injuries, some injuries can be severe, even resulting in death. In all cases of medical malpractice, the healthcare professionals should be held accountable for their actions. Not just to compensate those injured, but to prevent others from being injured in the future.
If you are not sure if you have a medical malpractice claim, it is crucial that you talk with an experienced attorney. They can review your situation to determine if an error made by a medical professional is equivalent to negligence and malpractice.
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Successful Outcomes For Our Clients
FAQs:
The average medical malpractice settlement in Louisiana varies, and your settlement will rely entirely on your unique circumstances and injuries. Your settlement can be affected by some of the following:
- The severity of the medical provider’s negligence
- Whether you have strong legal representation
- How severe your injuries are
- How long your injuries are expected to affect you
- Whether you can return to work full-time
- Any other financial losses you suffered due to the negligence
- Whether the case goes to court or is settled in negotiations
Yes, you can sue for medical malpractice in Louisiana, but usually only after going through the medical review panel process. If a healthcare provider fails to provide the professionally accepted standard of care, and you are harmed because of that negligence, you may have a valid medical malpractice claim.
Whether a healthcare professional was negligent is often reviewed based on whether other providers would have acted or not acted in the same manner. If you believe you have a medical malpractice claim, an attorney can help you hold a medical professional responsible for their improper care.
The statutory cap on medical malpractice damages in Louisiana is $500,000 of total damages for each claim, plus interest and cost. This limit also applies to wrongful death claims. However, this cap does not apply to future medical care that an injured party needs or related benefits. Your medical malpractice attorney can help you review your damages and determine how to maximize the amount of compensation you can recover.
The prescriptive period, also called the statute of limitations, for medical malpractice in Louisiana is a set period of time that you have to file a civil claim against a negligent medical provider. The countdown begins on the day you were injured. This time limit can be extended if you do not discover your injury until a later date, although there is still an overall deadline. If you don’t file your claim before the deadline, you will be unable to recover compensation. Under Louisiana law, you have one year from the date you knew or should have known of your medical malpractice claim, but in no case can you bring a claim for medical malpractice more than three years after the date of the negligent treatment.
Working With a Dedicated Firm in New Orleans
It is both emotionally and financially devastating to be harmed by medical malpractice. You may find yourself with significant medical needs and feeling incredibly vulnerable. Holding a negligent medical provider accountable can not only protect your peace of mind and provide for you financially, but it may also prevent negligence to others in the healthcare system. The support of an attorney is crucial to secure the most beneficial outcome that is available.
The Louisiana Medical Malpractice Act imposes unique and complicated laws which govern medical malpractice claims in Louisiana. You need attorneys with knowledge and experience in handling these types of cases. We practice throughout the state of Louisiana and throughout Mississippi. Our expertise in this field put us in a better position to ensure you recover the damages you deserve. If you or a loved one were the victim of medical malpractice, contact Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. today to schedule your free consultation.