Medical providers are supposed to be extremely diligent, detail-oriented, and cautious when they treat patients, to ensure they “do no harm.” However, some providers are negligent when providing patient care. Whether it’s due to rushing through examinations, failing to read patient charts, or operating on the wrong body parts, providers can seriously injure and even kill their patients when they fail to uphold their duty.
At Dudley DeBosier Injury Lawyers, we’ve seen firsthand how devastating medical malpractice is for patients and their families. Medical providers often hold patients’ lives in their hands, and when their negligence and recklessness cause serious complications, the consequences can be devastating.
If you or someone you love was harmed by a medical provider in Lafayette, our experienced legal team has the aggressive approach you need to maximize your chances of getting compensation. Contact us today for a free consultation.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s negligence or errors harm a patient. Under Louisiana law, medical malpractice refers to situations where a medical professional fails to meet the accepted standard of care, causing injury or harm that could have been prevented with proper treatment.
How Medical Negligence Can Harm Patients
Medical professionals, including doctors, nurses, and other healthcare providers, have a duty to provide competent and appropriate care. Patients can suffer severe or even life-altering consequences when healthcare providers fail to fulfill this responsibility—whether through inattention, mistakes, or poor judgment.
Some common examples of medical malpractice include:
- Misdiagnosis or Delayed Diagnosis: Failure to diagnose a condition or making the incorrect diagnosis can lead to improper treatment, delayed treatment, worsening of the illness, or even death.
- Surgical Errors or Wrong-Site Surgery: Mistakes during surgery, such as operating on the wrong body part or leaving surgical instruments inside a patient, can result in serious complications.
- Medication Errors: Prescribing the wrong medication, incorrect dosage, or failing to account for allergies or drug interactions can cause serious harm to patients.
- Birth Injuries Caused by Medical Negligence: Errors during pregnancy, labor, or delivery—such as failing to address signs of fetal distress—can lead to birth injuries, including cerebral palsy or Erb’s palsy.
- Failure to Obtain Informed Consent: Before providing treatment, medical professionals are required to explain the risks in full and obtain the patient’s informed consent. Failure to do so violates the patient’s rights and may lead to avoidable harm.
Who Can File a Medical Malpractice Claim in Lafayette?
The following parties may be eligible to file a medical malpractice claim:
- Injured Patients: Individuals who suffered harm due to a medical professional’s negligence can file a claim to recover compensation for their injuries.
- Family Members in Wrongful Death Cases: When medical malpractice results in a fatality, certain family members, such as spouses, children, or parents, may file a wrongful death claim to seek damages for the loss of their loved one.
Before filing a lawsuit, most claims must first go through a Medical Review Panel. This panel consists of three medical professionals and one attorney who review the case to determine whether malpractice occurred. While the panel’s opinion is not binding, it can significantly impact the outcome of your claim.
In addition, Louisiana has strict time limits for filing medical malpractice claims. You generally have one year from the date of the malpractice or from the date you discovered the injury to file a claim. However, no claim can be filed more than three years from the date of the malpractice, regardless of when the injury was discovered. Missing this deadline could prevent you from recovering compensation. If you aren’t sure whether you can still file a claim, contact our Lafayette medical malpractice attorneys for a free case consultation.
What Compensation Can You Recover in a Medical Malpractice Case?
Medical malpractice victims in Lafayette are eligible to recover many different types of compensation, including:
Medical Expenses (Past and Future)
Compensation can cover the cost of medical treatment related to the malpractice, including:
- Emergency care
- Hospital stays
- Surgeries and procedures
- Ongoing treatment and future medical needs related to the malpractice
Lost Wages and Loss of Earning Capacity
If your injury prevents you from working or reduces your ability to earn a living, you may recover damages for:
- Income lost during recovery
- Diminished earning potential if the injury results in long-term or permanent disability
Pain and Suffering
General damages can be awarded to compensate for the physical pain and emotional distress caused by the malpractice and any reduction in your quality of life.
Wrongful Death Damages
In fatal malpractice cases, surviving family members may pursue damages for:
- Funeral and burial expenses
- Loss of financial support and companionship
- Emotional suffering caused by the loss of a loved one
It’s important to note that Louisiana imposes a cap on general damages in medical malpractice cases. Under state law, these damages are limited to $500,000, regardless of the severity of the injury. However, this cap does not apply to past and future medical expenses.
Why Choose Dudley DeBosier Injury Lawyers?
When faced with the devastating consequences of medical negligence, you need a legal team with the skill, experience, and compassion to fight for your rights.
- Proven Track Record of Success: We have a history of securing significant verdicts and settlements for victims of medical malpractice. Our results demonstrate our ability to hold negligent healthcare providers accountable and achieve justice for our clients.
- Nearly 200 Dedicated Team Members: With a team of nearly 200 professionals, including attorneys and support staff, we bring decades of experience to every case. This ensures that your claim is handled with precision and backed by the resources needed to succeed.
- Personalized Representation: At Dudley DeBosier, we believe in treating every client like family, because to us, they are. We take the time to understand your unique circumstances and provide the compassionate, personalized attention you deserve throughout the legal process.
- No Fee Guarantee®: Our fee is contingent on your malpractice claim’s successful outcome, which ensures that you can focus on your recovery while we focus on getting you the compensation you need. If we don’t win your case, you owe us nothing—giving you peace of mind during a difficult time.
Contact Our Lafayette Medical Malpractice Lawyers
Being a victim of medical malpractice can shake you to your core. You trusted your doctor or other medical provider to treat your illness or injury and help you recover. Instead, you’re now worse off than ever.
At Dudley DeBosier, we believe medical outcomes like this—especially when they’re due to providers’ negligence—are unacceptable. Getting medical providers, hospitals, clinics, and other parties, along with their insurers, to admit liability and pay settlements in medical malpractice cases isn’t easy, but we have the experience and aggressive approach to make it happen. Contact us today for a free case review.
