Medical malpractice involves the negligence of a medical professional resulting in injuries or the death of a patient. When there is a departure from the recognized “standard of care”, a patient can be seriously harmed. Unfortunately, medical errors are extremely common.
In fact, medical errors are the third leading cause of death in the United States, after cancer and heart disease. The Institute for Safe Medical Practice has estimated that each year medical errors cost more than $3.5 billion.
Under Louisiana Law, there is a one-year statute of limitations to file a medical malpractice claim. A patient has one year from the day of the incident to file their claim. Fortunately, there is also what is called a discovery rule. If a patient didn’t or couldn’t know of the negligence, they will have one year from the day they discovered the malpractice to file their claim. However, there is a strict three-year limit to file a case, even if a patient doesn’t discover the malpractice until three years after the incident. This strict limitation of three years is called the statute of repose.
Claims against private medical professionals are covered under the Medical Malpractice Act. Other medical malpractice claims fall under the Malpractice Liability for State Services Act. These laws form the basis of the procedural law relating to claims of medical malpractice in Louisiana.
Patients injured by a medical error must prove certain things to have a legitimate case. First, they must prove that there was a doctor/patient relationship. Next, they need to establish that there was a breach in the standard of care given to the patient. Finally, the injured patient must prove that the breach directly caused their injury.
Healthcare professionals owe their patients a duty to:
A breach in any of these duties may be a cause of action for negligence. An injured patient may be entitled to recover damages from their allegedly negligent medical service provider. Damages can include monetary compensation for things such as:
If a patient requires expensive, on-going care as a result of their injuries, it is a good sign that they may have a medical malpractice case. Brossard medical malpractice attorneys at The Law Offices of L. Clayton Burgess have more than 20 years of experience in effectively handling medical malpractice lawsuits. We can help you determine if your situation qualifies for medical malpractice lawsuit by:
If you or a loved one suffered an injury or death due to a medical error, you have the right to seek financial compensation. Remember, you must file your claim within a year of an incident; so, call us today! Our office works on a contingency basis, which means we don’t ask for payment until we recover your due funds for you. Also, personal injury consultations are free; so, you will never have to pay unnecessarily. Let us get started on your case today!
Call our office today for a FREE review of your personal injury case. Our medical malpractice lawyers in Brossard work on a contingent agreement basis, which means that our fee is completely based on the result of your case.
Don’t Delay! You may have a valid claim! Let our medical malpractice attorneys in Broussard, LA get your compensation before the statute of limitations expires!
Contact your Broussard, Louisiana Personal Injury Attorney at The Law Offices of L. Clayton Burgess Today!
Because medical errors are the third leading cause of death in the United States, there are many circumstances we see that lead to malpractice lawsuits.
According to Johns Hopkins University, “Among malpractice claims, diagnostic errors appear to be the most common, most costly, and most dangerous of medical mistakes.”
At times, doctors may simply “dismiss” a patient’s symptoms as temporary or minor. This may result in the worsening of their condition, causing further harm to the patient.
Every year, 440,000 Americans experience a preventable adverse event while being hospitalized. A hospital can be held liable for the negligence of its employees. However, if a doctor is an independent contractor, this rule may not apply but if a hospital hires an incompetent or a dangerous doctor, they can be held responsible.
A study by BMC Emergency Medicine found that most mistakes in emergency departments were due to human error (60%). Other causes were organizational (25%) and technical (11%).
The Doctors Company found that 52% of the malpractice cases happened due to lack of obtaining all the available clinical information.
Medication errors during anesthesia administration are responsible for 42% of all the critical medical incidents in America. The three most common causes of these errors were:
Anesthesia Complications can include:
Web MD released a study that looked at malpractice claims for what is called surgical “never events.” These events refer to the shocking surgical errors that should have never happened. The Study found that over a 20-year period, paid malpractice judgments totaled $1.3 billion!
Most disturbingly, Johns Hopkins researchers estimate that an American surgeon will:
If you have injuries that you believe are due to a medical health provider’s negligence, you’ll need an experienced attorney. The Broussard medical malpractice attorneys at The Law Offices of Clayton Burgess have over 20 years of experience in recovering $millions for our clients through settlements and successful verdicts.
As patients, we put our lives into the hands of doctors, nurses, hospitals, and nursing homes every day. We expect and trust that these medical professionals will deliver healthcare of the highest standard. As a matter of fact, it is their legal duty.
You and your family should not suffer because of the negligence of a healthcare provider. Our talented malpractice lawyers will fight for your compensation and ensure that your voice is heard.
Our office works on a contingency basis and personal injury consultations are free; so, you will never pay unnecessarily. Let us get started on your case before your statute of limitations is up.