Medical errors are a very serious problem. A major study from researchers at Johns Hopkins University found that medical errors are the third leading cause of death in the United States—contributing to around 250,000 deaths each year. Were you or your loved one victimized by a medical error? You have the right to bring a personal injury claim. These are medical malpractice cases. Within this article, our Baton Rouge medical malpractice lawyers provide an overview of medical error lawsuits. 

What are the Most Common Medical Errors?

Medical errors are no small matter. A mistake by a doctor, nurse, hospital, or any other individual or institutional healthcare provider can put a patient at serious risk. Medical errors come in a wide variety of different forms. Some of the most common medical errors reported in Louisiana include:

    • Diagnostic Errors: A timely diagnosis can make the difference. Misdiagnosis or failing to diagnose an injury/disease can delay critical treatment or the wrong medical care. 
    • Treatment Errors: Treatment mistakes happen when the correct treatment is either not initiated or when it is poorly managed. It could result in harm to the patient.
    • Surgical Errors: These are mistakes made during surgery. They can be life-altering. Examples include operating on the wrong site and leaving surgical devices in the patient. 
    • Anesthesia Errors: Mistakes in the administration of anesthesia can lead to severe adverse consequences—potentially including brain damage. 
    • Hospital-Acquired Infections: Patients can acquire infections in a hospital setting due to unsanitary conditions, improper staff hygiene, or inadequate sterilization of instruments.
  • Medication Mistakes: Prescription drug errors happen when a patient receives the wrong medication or the wrong dosage. These mistakes can lead to terrible complications. 
  • Childbirth Injuries: Errors during the delivery process can lead to injuries to the baby or mother. Some examples include shoulder fractures and nerve damage. 
  • Premature Discharge: Discharging a patient too early can lead to inadequate recovery. The result could be medical complications and even a costly, painful readmission.

When a Medical Error Becomes Malpractice in Louisiana

Patients can hold a doctor, hospital, or other health provider liable for harm caused by negligence, including the negligence that leads to a medical error. With that being said, it is imperative to emphasize that a medical error is not automatically medical malpractice in Louisiana. There are specific elements that must be established to bring a successful claim. Here are four required elements of a medical error claim in Louisiana: 

  1. A Duty of Care: A healthcare provider must have a professional relationship with the patient. It is that relationship—the doctor-patient relationship—that establishes the legal duty of the provider to offer care that meets established medical standards. Notably, if a patient is treated in a clinical setting, the doctor-patient relationship is assumed. Without a doctor-patient relationship, there is no claim on the grounds of malpractice. 
  2. Breach of Duty: The healthcare provider must have failed to meet the standard of care. Notably, breach of duty is the crux of medical malpractice. You will need to prove that you received care worse than an ordinary medical provider would have offered under similar circumstances. An example might be a surgeon leaving a surgical instrument inside a patient. That is negligence that clearly violates established surgical protocols.
  3. Causation: There must be a direct link between the breach of duty and the harm suffered by the patient. You must show that the harm that you suffered would not have occurred if the provider had met the standard of care. For example, if a patient dies from a treatable infection because the physician failed to prescribe antibiotics, the failure to prescribe is directly linked to the outcome. 
  4. Damages: Finally, damages are part of any medical malpractice lawsuit. The patient must have suffered quantifiable harm as a result of the breach. Negligence that led to no actual harm to the patient is not legally actionable through a medical malpractice claim. Damages can include physical pain, mental suffering, additional medical bills, and loss of earnings. 

Medical malpractice law is complicated. In Louisiana, medical malpractice claims require compliance with very specific procedural rules, including filing claims within prescribed time limits and potentially presenting the claim before a medical review panel before proceeding to court (R.S. 40:1237.2). The panel must first assess the validity of the claim based to determine whether the case has enough preliminary merit to proceed to a medical malpractice lawsuit.

Expert Witnesses are Key in Medical Malpractice Claims

Medical malpractice claims are highly technical. It takes professional expertise to establish the standard of care and how it was violated. In Louisiana, expert witnesses play a crucial role in medical malpractice claims. Among other things, they provide the necessary medical knowledge to establish the standard of care and demonstrate how it was breached. To proceed with a medical error lawsuit in Louisiana, you will have support from an expert witness. An experienced medical malpractice attorney in Baton Rouge, LA, can help you connect with the right experts. 

Why Trust Our Baton Rouge Malpractice Lawyers for a Medical Error Case

Medical malpractice claims are notoriously complex. Unfortunately, the victims of serious medical errors sometimes face challenges when fighting to hold negligent doctors, hospitals, and other medical providers accountable. At Babcock Injury Lawyers, we are committed to fighting for justice for patients and their families. Our Baton Rouge medical error attorneys will review your case, explain your options, and take action to fight for justice and maximum financial compensation. 

Schedule a Free Consultation With Our Baton Rouge Medical Malpractice Lawyers Today

At Babcock Injury Lawyers, our Baton Rouge medical malpractice attorneys are compassionate, experienced, and devoted to fighting for justice. If you or your family member suffered injuries or other serious health complications because of a medical error, we are here to help. Contact us today for a free, confidential, and no-obligation initial consultation. With a law office in Baton Rouge, we handle medical malpractice cases throughout Louisiana.