Medical errors are the third leading cause of death in the U.S. Though not all errors are considered malpractice, that statistic highlights the serious issues in our healthcare system that can be devastating for patients.
When a healthcare provider causes a patient harm, that patient has a right to pursue compensation through a medical malpractice claim. These claims can be a lifeline for individuals and families who are living with the consequences of medical negligence.
If you or a loved one has suffered from medical malpractice in Baton Rouge, Dudley DeBosier Injury Lawyers is here to help you get the compensation you’re entitled to.
Contact our team today for a free consultation.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or other medical staff, deviates from the accepted standards of care in the medical community, resulting in harm to a patient. To establish a case of medical malpractice, it must be shown that the healthcare professional’s negligence directly caused injury or harm to the patient, leading to significant damages such as physical pain, emotional suffering, additional medical bills, or loss of income.
What Is Not Considered Medical Malpractice?
Medical malpractice is not simply an unfavorable outcome or a patient’s dissatisfaction with the results of their treatment. It does not include situations where a healthcare provider exercised reasonable skill and judgment but the patient still experienced complications or an unsatisfactory result, as some risks are inherent in medical procedures.
Additionally, medical malpractice does not cover cases where the healthcare provider followed standard procedures and protocols, but the patient’s condition did not improve or worsened due to factors beyond the provider’s control, such as the patient’s pre-existing conditions or the natural progression of an illness. Understanding the distinction between medical malpractice and unfavorable outcomes is essential for accurately assessing potential claims.
Common Incidents Leading to Medical Malpractice Claims
Medical malpractice takes many forms. It can happen in a doctor’s office, hospital, or other medical facility. A few of the most common examples of incidents that result in medical malpractice claims include:
- Nursing Home Negligence: Failure to provide proper care, resulting in bedsores, falls, or malnutrition among elderly residents
- Surgical Errors: Mistakes during surgery, such as operating on the wrong site, leaving instruments inside the body, or causing unintended damage to organs
- Drug Overdoses in Hospital: Administration of excessive medication doses leading to overdose, potentially causing severe harm or death
- Improper Medication Management: Incorrect prescribing or administering of medications, leading to adverse drug interactions or ineffective treatment
- Delay in Diagnosis: Failure to diagnose a condition promptly, causing the patient to miss critical treatment opportunities and suffer progression of the illness
- Emergency Room Negligence: Inadequate assessment or treatment in emergency situations, leading to worsened conditions or incorrect discharge
- Birth Injuries: Harm caused to the mother or baby during childbirth due to improper prenatal care, delivery techniques, or failure to respond to complications
- Anesthesia Errors: Mistakes in administering anesthesia, leading to insufficient pain control, allergic reactions, or even brain damage
Healthcare providers are legally obligated to provide a reasonable standard of care. If they breach this standard, they should be held responsible.
Compensation in Medical Malpractice Claims
Securing compensation for medical malpractice involves several critical steps, from calculating damages to proving negligence and navigating the complex legal process. Here’s an overview of what you need to know:
Calculating Damages
Calculating damages in a medical malpractice claim involves assessing the full extent of the harm caused by the negligent actions of the healthcare provider. Damages can be categorized into special and general losses:
- Special Damages: These include quantifiable financial losses such as medical expenses (past and future), rehabilitation costs, lost wages, and loss of earning capacity. It’s crucial to document all medical bills, receipts, and financial records to support your claim.
- General Damages: These compensate for losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship. These damages are often more subjective and may require testimony from medical experts and mental health professionals to substantiate the claim.
Proving Negligence
To succeed in a medical malpractice claim, it is essential to prove that the healthcare provider’s negligence directly caused the patient’s injury. This involves demonstrating the following elements:
- Duty of Care: Establish that the healthcare provider owed a duty of care to the patient. This is generally straightforward, as healthcare professionals have a legal obligation to provide competent care to their patients.
- Breach of Duty: Show that the healthcare provider breached this duty by failing to meet the accepted standard of care. This often requires expert testimony to illustrate what a competent provider would have done under similar circumstances.
- Causation: Prove that the breach of duty directly caused the injury. This can be challenging, as it must be shown that the injury would not have occurred if not for the provider’s negligence.
- Damages: Provide evidence of the actual harm or injury suffered as a result of the breach. This includes both special and general as described above.
The Role of a Medical Malpractice Attorney
Navigating the legal process for medical malpractice claims can be complex and time-consuming. Here are some key ways an attorney can assist you:
1. Investigating and Gathering Evidence: A skilled attorney will thoroughly investigate your case, review medical records, consult with experts, and gather evidence to build a strong claim.
2. Negotiating With Insurance Companies: Dealing with insurance companies can be daunting. An experienced attorney will handle all communications and negotiations to ensure your rights are protected and you receive fair compensation.
3. Advocating for Your Rights: A dedicated attorney will represent your best interests throughout the legal process, fighting for fair compensation and guiding you from filing the claim to potential litigation.
Specialized medical malpractice lawyers offer many benefits. They possess in-depth knowledge and experience in handling these cases, which can significantly improve your chances of success. They understand the complexities of medical negligence laws and have access to expert witnesses who can support your claim.
Contact a Baton Rouge Medical Malpractice Lawyer Today
The statute of limitations in Baton Rouge, Louisiana, generally allows one year from the date the injury was discovered or should have been discovered. Failing to file within this period may result in your claim being dismissed. Though there are some exceptions to that rule, acting promptly is essential to protect your rights.
At Dudley DeBosier, we are committed to helping you navigate the legal process to obtain the compensation you deserve. If you believe you have been a victim of medical malpractice, don’t wait.
Contact us today for a free consultation, and let us fight for your rights.
