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Visiting a doctor, hospital, or other healthcare provider would normally raise one’s hopes of receiving the treatment necessary to heal them. Regrettably, that is not the case at times. The consequences of these errors can leave patients with grave and even life-changing results when such mistakes do occur.

If you or a family member have suffered as a result of medical negligence in Louisiana, a New Orleans medical malpractice attorney at the Law Office of Heather C. Ford can guide you through the process of exploring your rights and claiming the damages you are owed.

Don’t hesitate to reach out to us today.

Understanding Medical Malpractice in Louisiana

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or harm to a patient. This negligence can take many forms, including:

  • Misdiagnosis or delayed diagnosis – When a doctor fails to recognize symptoms or incorrectly diagnoses an illness, leading to worsened conditions.
  • Surgical errors – Mistakes during surgery, such as operating on the wrong site, leaving instruments inside a patient, or unnecessary procedures.
  • Medication errors – Administering the wrong medication or dosage, causing adverse effects.
  • Birth injuries – Preventable injuries to a newborn or mother due to medical negligence during labor and delivery.
  • Failure to obtain informed consent – Not properly informing patients of risks associated with procedures or treatments.

In Louisiana, medical malpractice claims must be backed by expert testimony to prove that a provider failed to meet the expected standard of care and that this failure directly led to the injury.

How a New Orleans Medical Malpractice Attorney Can Help

Dealing with a medical malpractice case can feel overwhelming—you’re already coping with an injury or the loss of a loved one, and now you must navigate a complicated legal process. A skilled New Orleans medical malpractice attorney can take that burden off your shoulders, handling the legal complexities while you focus on healing.

Here’s how a medical malpractice lawyer can help:

  • Investigating Your Claim – Your attorney will thoroughly review your case, gathering medical records, speaking with expert witnesses, and analyzing whether a healthcare provider’s negligence caused your injuries.
  • Filing a Medical Malpractice Lawsuit – Louisiana has strict deadlines for filing malpractice claims, and even small errors in documentation can hurt your case. A lawyer ensures all paperwork is properly prepared and submitted within the statute of limitations.
  • Negotiating with Insurance Companies – Hospitals and their insurance providers often try to minimize payouts or deny responsibility altogether. Your lawyer will advocate for fair compensation, using evidence and legal arguments to push back against unfair settlement offers.
  • Taking Your Case to Trial If Necessary – If negotiations don’t result in a just settlement, your attorney will be ready to fight for you in court, presenting a compelling case before a judge or jury.

Having a knowledgeable medical malpractice lawyer in New Orleans by your side ensures that your case is handled with the expertise and dedication it deserves.

Proving Medical Negligence in a Malpractice Case

Winning a medical malpractice claim in Louisiana requires proving that a healthcare provider’s actions (or inaction) directly led to a patient’s harm. This involves establishing four key elements:

  1. A Doctor-Patient Relationship Existed – You must show that the medical provider was responsible for your care and, therefore, owed you a legal duty of care.
  2. Medical Negligence Occurred – This means the provider failed to meet the accepted standard of care, making errors that a competent medical professional would not have made under similar circumstances.
  3. The Negligence Caused an Injury – It’s not enough to show that a doctor made a mistake—you must prove that this mistake directly resulted in harm (worsened condition, unnecessary complications, or even death).
  4. You Suffered Damages – Finally, you must demonstrate actual losses from the malpractice, such as additional medical expenses, lost income, emotional suffering, or a decline in quality of life.

Because medical malpractice cases often involve highly technical medical issues, expert witnesses are frequently used to explain the standard of care and how it was violated.

Compensation in a Medical Malpractice Case

Victims of medical negligence in New Orleans may be entitled to compensation for:

  • Medical Expenses – This includes past and future costs for hospital stays, surgeries, medications, rehabilitation, and any necessary ongoing treatment.
  • Lost Wages & Reduced Earning Capacity – If your injuries prevent you from working, you may be compensated for lost income and diminished ability to earn in the future.
  • Pain & Suffering – This covers physical pain, emotional distress, and the overall impact the malpractice has had on your daily life.
  • Wrongful Death Damages – If a loved one lost their life due to medical negligence, surviving family members can seek compensation for funeral costs, loss of companionship, and financial support.

However, Louisiana has a cap of $500,000 on medical malpractice damages, meaning that compensation for pain and suffering, lost wages, and other non-medical damages cannot exceed this amount. Future medical expenses, however, are paid separately and are not subject to this cap.

A New Orleans medical malpractice lawyer can help maximize the compensation you receive and ensure that all aspects of your suffering—both financial and emotional—are accounted for in your claim.

Louisiana’s Medical Malpractice Laws & Deadlines

If you suspect medical malpractice, time is not on your side. Louisiana has strict statute of limitations when filing a malpractice claim and missing them could mean losing your right to compensation—no matter how strong your case is.

Here’s what you need to know:

  • One-Year Deadline – You have one year from the date of the malpractice—or from when you discovered it—to file a claim. This is crucial because many malpractice injuries aren’t immediately obvious.
  • Three-Year Cutoff – No matter when you discover the malpractice, you cannot file a claim more than three years after the incident occurred. This is known as the statute of repose, and it’s a firm deadline.
  • Why Acting Fast Matters – The sooner you begin the legal process, the easier it is to collect medical records, secure expert testimony, and build a compelling case before evidence fades.

But before you can take your case to court, there’s one important step you need to know about—Louisiana’s Medical Review Panel. This process can play a big role in shaping your claim and how it moves forward.

The Medical Review Panel: A Crucial Step in Your Malpractice Claim

Before your case can move forward in court, Louisiana law requires that a Medical Review Panel evaluates your claim. This panel consists of three medical professionals who review the evidence and provide an opinion on whether malpractice occurred.

Here’s why this step is important:

  • It Can Strengthen Your Case – If the panel agrees that malpractice took place, this can add credibility to your claim when negotiating a settlement or presenting your case in court.
  • It Can Be a Roadblock – If the panel rules against you, it doesn’t mean you can’t proceed, but it may make your case more challenging to win in court.
  • Why You Need an Attorney – An experienced New Orleans medical malpractice lawyer will know how to present the strongest possible case to the panel, using expert opinions and medical evidence to support your claim.

With strict deadlines and legal hurdles like the Medical Review Panel, you can’t afford to wait. The sooner you take action, the better your chances of securing the justice and compensation you deserve.

Contact a New Orleans Medical Malpractice Lawyer Today

If you or a loved one has suffered due to medical negligence, you don’t have to navigate this challenging time alone. A New Orleans medical malpractice attorney can help you fight for the compensation you deserve and hold negligent healthcare providers accountable.

At the Law Office of Heather C. Ford in New Orleans, we offer free consultations to discuss your case and explore your legal options. Contact us today to learn how we can help you seek justice and fair compensation.

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Medical Mistakes Can Change Lives Forever.

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