Medical Malpractice Lawyer Metairie, LA
Getting Compensation for Medication Errors
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. Medical 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.
- 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 a 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.
Metairie, LA Medical Malpractice Law Infographic
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.
Birth Injuries and Medical Malpractice
It’s true that not all births go as a mother plans. She may need to take more medication than she had hoped or may end up getting a C-section when she wanted to avoid one. While these things happen, it doesn’t mean medical malpractice occurred. It may simply mean it was necessary to get mom and baby through the labor and delivery safely. However, what happens when you deliver your baby and you start noticing things that are indicative of a birth injury? Maybe your baby has broken bones, is not hitting any of their milestones, or has signs of cerebral palsy. Unfortunately, unnecessary trauma can leave your baby with medical problems that could take months or years to heal. In some instances, medical malpractice during the labor and delivery process can leave your baby with a lifetime of health issues. When you believe your baby was injured during the birthing process and that this could have been avoided, you should speak with a trusted medical malpractice lawyer to learn more about medical malpractice claims and birth injuries.
How do birth injuries happen?
There are many ways that a birth injury can occur. They can happen when:
- A physician does not recognize the signs of fetal distress early enough
- The nurse does not follow the physician’s orders
- The physician does not diagnose an infection and treat it within the appropriate amount of time
- The physician does not refer the mother to a maternal-fetal medicine doctor when additional medical help is required
- The physician does not administer Pitocin to induce labor or recommend a c-section until it is too late
- The physician does not use the right birthing instruments or does not use them correctly
These are just a few of the ways that a birth injury may occur.
What is the financial impact of your child’s birth injury?
It can be difficult to determine the financial impact of a birth injury in many cases. If your child has suffered from a serious birth injury, they may need years or a lifetime of medical treatment that involves surgeries, physical therapy, at-home help, and adaptive devices to help them get around. These financial expenses can be catastrophic for many families and your lawyer can calculate what you will need compensation for.
Your lawyer will need to file paperwork with the Patient’s Compensation Fund (PCF) to have medical experts review your case. They will look over the evidence that you have provided to determine if medical malpractice caused your child’s birth injury. Louisiana has very specific laws regarding how to file a medical malpractice claim and this is further complicated when it comes to birth injury claims. It is crucial that when you move forward with your birth injury claim you are working with a seasoned medical malpractice lawyer who understands the ins and outs of these types of cases. When you are ready to move forward with your claim but feel stuck regarding what to do, do not hesitate to reach out to our trusted team. We are here to guide you through the process and fight on behalf of your family.
Schedule a consultation with a Metairie medical malpractice lawyer from The Law Offices of Frank D’Amico, Jr. as soon as possible.
Frequently Asked Questions For Medical Malpractice Cases
Cases involving injuries that were the result of medical negligence are notoriously complicated to contend with, and because of this, a Metairie, LA medical malpractice lawyer will be a necessity for pursuing legal action. Because of the many layers involved in cases of this nature, it can be challenging to prove damages when victims face doctors, hospitals, and teams of lawyers. It will be necessary to have substantial evidence and prove that the medical professional in question failed to provide medical treatment that upheld the medical standard of care. The Law Offices of Frank D’Amico, Jr. is well aware that victims and families who have experienced medical malpractice will have numerous questions regarding medical malpractice and the legal process, which our firm can assist in answering:
What is medical malpractice?
Medical malpractice is the legal remedy victims may seek when a hospital, physician, or medical provider provides treatment that constitutes negligence and falls below the medical standard of care, thus resulting in injuries to the patient. When patients seek medical care, they entrust their medical provider to provide them with the best possible care, but in some cases, this, unfortunately, may not happen. As a result, victims may experience significant losses, which can result in physical pain, injuries that could be permanent, and financial losses. Common examples of medical malpractice include:
- Birth Injuries
- Surgical Errors
- Medication Errors
- Anesthesia Errors
- Failure to Diagnose
What is the standard of care for medical malpractice cases?
When a Metairie medical malpractice lawyer reviews a potential malpractice case, the key to a successful outcome will be able to prove that the medical professional failed to uphold the medical standard of care. Medical professionals are held to a high standard of care. The plaintiff must prove that another medical professional with similar experience treating a similar condition would have acted similarly.
What is the statute of limitations for cases of this nature?
The statute of limitations is the length of time that the victim has to bring forth a legal claim against a responsible party. While there are some exceptions, in most cases, the clock starts ticking at the time of the accident or when the victim discovers their injuries. The statute of limitations varies depending on the state and the type of personal injury claim. For medical malpractice cases in Louisiana, the statute of limitations is one year meaning that the timeframe is short, and taking legal action immediately will be imperative.
What is the best way to determine whether a person has a medical malpractice case?
For a victim, it can be challenging to determine whether they can pursue legal action. Because of this, one of the first steps that must be taken will be to seek legal counsel from an experienced professional. When meeting with a lawyer, they will carefully review the case to identify the following key elements:
- Patient-Doctor Relationship (Duty of Care)
- Failure to Uphold the Medical Standard of Care (Breach)
- Injuries that Resulted
What role will a lawyer play in representing victims of medical malpractice?
As mentioned, medical malpractice cases are complicated and require the resources an experienced lawyer can provide. Victims will need to supply evidence. In addition, they will also need to be able to understand the complex medical records outlining treatment. A lawyer will work to carefully review the legal case at hand and develop a clear strategy for moving forward that is in the best interest of their clients.
To learn more about how our Metairie medical malpractice lawyer from The Law Offices of Frank D’Amico, Jr. can assist victims who have suffered medical injuries, schedule a consultation as soon as possible.