Medical Malpractice
Medical malpractice claims and lawsuits can arise when people are injured by careless or intentional acts of a doctor, nurse, psychiatrist, dentist, chiropractor, podiatrist, hospital, or other healthcare provider. When these actions cause an injury to another person (but the actions do not rise to the level of a crime), they are said to be a "tort," or civil wrong, which can provide the basis for a lawsuit. When someone is determined to be legally responsible for injuring someone else, they are liable for the injury, and may be made to pay the injured person compensatory damages. Compensatory damages attempt to put an injured person back in the position he or she was in before being injured. In some cases, punitive damages are also awarded in these lawsuits. Punitive damages are intended to punish wrongdoers and prevent them from harming others.
Our firm handles a variety of medical malpractice claims for clients located in the Louisiana area, including those arising out of:
- Missed diagnoses
- Delayed diagnosis
- Lack of informed consent
- Anesthesia errors
- Surgical injuries
- Obstetric/labor and delivery surgical injuries
- Orthopedic surgical injuries
- Spinal cord stimulator injuries
- Improperly prescribed, dispensed or filled medication
- Improperly prescribed, dispensed or filled dosages of medication
- Unreasonable conduct of a physician or health care provider
- Patient neglect and nursing home abuse
Injuries suffered as a result of medical malpractice can be severe and life altering. They can also require very technical calculations to understand the full scope of the harm caused and what it will take to rectify or fix the physical, and mental, harm caused. Our firm understands that your immediate goals after going through such trauma are to get your medical bills paid and covered, make sure you do not suffer financially through any lost wages, and make sure your insurance company will pay for future treatment relating to your injury. The LSU law school provides an interesting list of medical malpractice, which you can read here.
For more information on medical malpractice functionality, check out this website. While each state's capacity of liability is different, certain things remain the same. For instance, there are a myriad of elements which open up a doctor to a malpractice suit. This might happen when
- They sign a certification as a "courtesy" to a patient, service provider, or DME supplier when they have not first made a determination of medical necessity;
- They knowingly or recklessly sign a false or misleading certification that causes a false claim to be submitted to a Federal health care program; or
they receive any financial benefit for signing the certification (including free or reduced rent, patient referrals, supplies, equipment, or free labor). - Even if they do not receive any financial or other benefit from providers or suppliers, physicians may be liable for making false or misleading certifications
These are just a short number of examples. Our experienced attorneys will discuss your situation and go over the options available to you, as well as work with insurance companies and other parties involved in your case to make sure all your needs are handled quickly and appropriately. We will also make sure to not have our scope limited to the present in getting you the settlement or ruling you deserve.
If you or a loved one has been injured, contact us online or call us at 504-527-6225 to set up a FREE consultation to discuss your legal options.