Understanding Medical Malpractice in Louisiana
When you’ve suffered harm due to a healthcare provider’s negligence in Louisiana, you’ll face a complex web of medical and legal challenges that can feel overwhelming. Your rights under Louisiana’s medical malpractice laws offer specific protections, but traversing the system requires understanding both the medical standards of care and the state’s unique legal framework. From surgical errors to misdiagnosis, these cases demand careful examination of evidence and expert testimony within strict time limits. Let’s explore how Louisiana’s medical malpractice laws can protect your rights and help you seek the compensation you deserve.
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When it comes to medical malpractice in Louisiana, you’ll need to understand both the legal framework and your rights as a patient. The state’s high rate of medical malpractice reports – 33.88 per 100,000 people annually – underscores the significance of being informed about your legal options if you’ve been harmed by medical negligence.
Medical malpractice occurs when a healthcare provider breaches their professional duty to provide an accepted standard of care, resulting in injury or harm. In Louisiana, you must prove four key elements: the provider’s duty of care, a breach of that duty, direct causation between the breach and your injury, and measurable damages. Most cases reach resolution through out-of-court settlements with insurance companies rather than going to trial.
Before you can file a lawsuit, Louisiana law requires your case to go through a medical review panel. This panel evaluates the merit of your claim and provides expert opinions that can be vital to your case.
You’ll need to act quickly, as the statute of limitations is one year from the date of the incident or its discovery, with an absolute deadline of three years. Working with an attorney who specializes in medical malpractice can help guarantee you meet these strict deadlines and requirements.
Your Rights as a Patient
You’re legally protected against medical negligence through established patient rights that cover every aspect of your treatment, from basic care standards to compensation for damages.
As a patient, you have the right to access your complete medical records and receive detailed explanations about your treatment options and potential risks.
Your informed consent is essential before any medical procedure, and healthcare providers must clearly explain all risks and alternatives or face potential legal consequences.
In Louisiana, you have up to one year from discovering a medical injury to file a malpractice claim against healthcare providers who failed to meet proper care standards.
Is a Medication Error Considered Malpractice?
If you have suffered harm from a medication error, you should consult a Metairie, LA medical malpractice lawyer promptly. You may be entitled to compensation. Although prescription medications can treat a wide variety of conditions and help people live much longer, they can be dangerous when used incorrectly. Medication mistakes are one of the most common types of medical malpractice.
Common Types of Medication Errors
Prescription drugs need to be prescribed and administered with caution to avoid dangerous side effects. However, mistakes with medications still occur. Here are the most common types of medication errors that you should be aware of.
- Prescribe incorrect dosage
- Prescribe incorrect drug
- Defectively designed drug
- Prescribe medication that has dangerous interactions with other drugs
Common Causes of Medication Errors
When you see a doctor about a medical condition and need medication, you expect this healthcare professional to help you. Unfortunately, however, they can sometimes make things much worse. Here are the most common causes of medication errors.
- Inattentiveness
- Fatigue
- Inexperience
- Misdiagnosis
- Wrong information in computer system
- Poorly written prescription
- Missing information about a patient’s current medications and allergies
- Using wrong method to administer drug
- Filling medication orders for patients with similar sounding names
Liable Parties for Medication Errors
If you are the victim of a medication error, it is important to find the people responsible. Here are different liable parties for medication errors.
- Doctors – As a Metairie medical malpractice lawyer can confirm, doctors are often held responsible for medication errors. If they prescribe the wrong drug, a drug that has harmful interactions with other medications and prescribing the wrong dosage.
- Pharmacists – Patients have to pick up their drug prescriptions at a pharmacy. Pharmacists have to be extra careful when dispensing drugs to patients. Otherwise, they could make mistakes and be held liable.
- Drug manufacturers – Drug manufacturers have a legal duty to only produce drugs that are safe for the public. Unfortunately, they sometimes defectively design drugs that hurt patients. They may also neglect to give adequate warnings to patients.
Compensation from a Medication Error Claim
If you were hurt from a medication error, you may be able to recover compensation for your losses. Common damages in a medication error claim include medical expenses, lost wages, pain and suffering, reduced earning capacity and emotional distress. A Metairie medical malpractice lawyer can help you go after the compensation you deserve and look out for your best interests. He or she can help you gather evidence, identify liable parties and negotiate with the insurance company.
When you first meet with your lawyer, be prepared to answer several questions about your case, such as which medication you took and the types of side effects you experienced. Be honest and detailed with your answers. If you have any documents pertaining to your case, bring them with you. The more information your lawyer has to go on, the better he or she can assist you.
Common Surgical Errors
Surgical errors make up a large percentage of medical malpractice cases and can cause life-threatening injuries. These errors can occur due to surgical incompetence, fatigue, communication errors or substance abuse. Here are the most common surgical errors to be aware of.
- Performing the wrong surgery – If surgical staff gets patients mixed up, a patient may be at risk of getting the wrong surgery. This can occur because of miscommunication, scheduling errors or administrative mistakes. Patients who receive the wrong surgery can have healthy organs removed and experience severe complications.
- Forgetting to remove surgical tools – During an operation, a surgeon may use multiple surgical tools, such as scalpels and surgical clamps. If the surgical staff forget to remove a surgical instrument from a patient’s body, the patient could suffer severe pain, infection and other complications. The patient will also need to have another surgery to remove the object. It is critical for surgical staff to go through a materials use checklist after surgery to prevent this mistake.
- Using the wrong dose of anesthesia – Anesthesia allows patients to be comfortable during surgery. However, as a Metairie medical malpractice lawyer can confirm, using too much or too little anesthesia can be very harmful. If too much anesthesia is administered, the patient could suffer brain damage or even death. On the other hand, if not enough anesthesia is administered, the patient could wake up in the middle of surgery and suffer excruciating pain.
- Performing surgery on the wrong site – When surgeons are rushed, they have a higher chance of performing surgery on the wrong limb or side of the body. For example, a surgeon could amputate a patient’s right leg when the left leg actually needed the amputation.
- Infection – Patients who are getting operated on may be especially at risk of infections. That is why surgical staff must meticulously clean and sanitize all of their surgical instruments. If an infection is not addressed immediately, it can be fatal.
What to Do If You Are the Victim of Medical Malpractice
If you were harmed due to a medical professional’s negligence, you should see a different medical professional, who can correct the mistake. After all, your health is of the utmost importance.
Then, you should discuss your case with an experienced medical malpractice lawyer. A lawyer can assess the details of your case and help you go after the compensation you deserve. He or she can help you gather evidence, identify liable parties and negotiate with the insurance company.
