When you seek medical care, you trust that doctors, nurses, and other healthcare professionals will uphold the highest standards of care. Unfortunately, medical errors and negligence happen far too often, leading to devastating consequences for patients and their families. If you or a loved one has suffered due to medical malpractice do not hesitate to get in contact with one of the New Orleans medical malpractice lawyers at Daly & Black, P.C.
Experienced Medical Malpractice Attorneys Fighting for Justice
Our experienced legal team is dedicated to holding negligent medical providers accountable and seeking the compensation you deserve. Whether your case involves a misdiagnosis, surgical error, birth injury, or another form of medical malpractice, we are ALL IN. ALL THE TIME. for you.
What Constitutes Medical Malpractice?
Not every poor medical outcome is considered malpractice. Under Louisiana law, medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing injury or harm to a patient.
Common forms of medical malpractice include:
- Misdiagnosis or Delayed Diagnosis – Failing to diagnose a serious condition in a timely manner can lead to severe complications or even death.
- Surgical Errors – Mistakes during surgery, such as operating on the wrong body part or leaving surgical instruments inside a patient, can have life-altering consequences.
- Medication Errors – Administering the wrong dosage or prescribing the wrong medication can result in serious harm.
- Birth Injuries – Negligent prenatal care or delivery mistakes can lead to lifelong disabilities for newborns.
- Anesthesia Errors – Mistakes in administering anesthesia can cause severe injuries, brain damage, or fatal complications.
- Failure to Obtain Informed Consent – Patients have the right to be fully informed of the risks associated with a procedure. Failure to do so may constitute malpractice.
If you believe you or a loved one has been a victim of medical malpractice, it’s crucial to speak with an attorney as soon as possible to explore your legal options.
How to Prove Medical Malpractice
Successfully pursuing a medical malpractice claim requires proving the following elements:
- Duty of Care – The medical provider had a professional duty to treat the patient according to accepted medical standards.
- Breach of Duty – The provider failed to uphold this standard of care through negligence or misconduct.
- Causation – The provider’s actions (or inaction) directly caused harm or injury to the patient.
- Damages – The patient suffered physical, emotional, or financial harm as a result of the malpractice.
Medical malpractice cases often require expert medical testimony to establish that the provider’s negligence was the direct cause of harm. Daly & Black, P.C. has the resources and legal expertise to build a strong case on your behalf.
Louisiana Medical Malpractice Laws & Time Limits
Louisiana has strict laws governing medical malpractice claims that every victim should be aware of.
Under Louisiana Revised Statutes § 9:5628(A), medical malpractice lawsuits must generally be filed within one year from the date of the injury or its discovery. However, the law also imposes a strict three-year cutoff, meaning claims cannot be pursued beyond this period, regardless of when the malpractice was discovered.
In addition to the statute of limitations, Louisiana law requires that medical malpractice claims undergo review by a Medical Review Panel, as outlined in Louisiana Revised Statutes § 40:1231.8(A)(1).
This panel evaluates the evidence and issues an opinion on whether the provider’s actions constituted malpractice. While the panel’s findings are not legally binding, they can significantly impact the direction of a case.
Another critical aspect of Louisiana’s medical malpractice laws is the damage cap established under Louisiana Revised Statutes § 40:1231.2(B)(1). The state limits the total amount recoverable for medical malpractice-related damages to $500,000, excluding future medical costs.
This cap can affect the compensation available to victims, making it essential to work with attorneys who know how to maximize recovery within these legal limits.
Given these complexities, working with an experienced law firm like Daly & Black, P.C. ensures that your case is handled efficiently and within all legal time constraints.
Compensation Available for Medical Malpractice Victims
Victims of medical malpractice often face overwhelming financial burdens, emotional trauma, and long-term health complications. Compensation in these cases is designed to provide relief and ensure that victims can rebuild their lives.
One of the most significant forms of compensation includes coverage for medical expenses, both past and future, to address hospital bills, surgeries, rehabilitation, and any necessary long-term care.
Beyond medical costs, lost wages and reduced earning capacity are also considered when determining damages. If a patient’s ability to work has been impacted by a medical provider’s negligence, they may be entitled to recover the income they have lost as well as future earnings they are no longer able to secure.
Additionally, compensation can account for pain and suffering, a crucial aspect of medical malpractice claims. The physical pain and emotional distress caused by a medical mistake can take a severe toll on a patient’s quality of life. Courts recognize this and provide monetary damages to acknowledge the suffering endured by victims.
In cases where medical negligence has resulted in a fatality, wrongful death damages may be awarded to surviving family members. These damages can include compensation for funeral expenses, loss of financial support, and the emotional impact of losing a loved one due to medical negligence.
At Daly & Black, P.C., we work tirelessly to help our clients seek the full amount of compensation they are entitled to. We understand that no amount of money can undo the harm caused by medical negligence, but securing adequate financial support can provide stability and justice for victims and their families.
The Daly & Black, P.C. Difference
Selecting the right legal representation for a medical malpractice case is a critical decision. Medical providers and their insurers have extensive resources to challenge claims, but at Daly & Black, P.C., we level the playing field with our unwavering dedication to justice and proven litigation strategies.
Fierce Advocacy Against Medical Negligence
We take on the most challenging cases and fight relentlessly to hold negligent healthcare providers accountable. Hospitals and insurers often try to minimize liability, but we have the experience, resources, and determination to stand up to them and demand the full compensation our clients deserve.
Proven Results in Complex Malpractice Cases
Medical malpractice cases require extensive legal and medical knowledge. With a track record of securing substantial settlements and verdicts, our firm has earned a reputation for success. We bring decades of experience and a history of winning against even the most formidable opponents.
Client-Centered, Compassionate Representation
We understand that medical malpractice cases are not just about legal battles—they’re about real people whose lives have been profoundly impacted. Our firm prioritizes clear communication, personalized legal strategies, and compassionate representation, ensuring our clients feel supported every step of the way.
No Fees Unless We Win
We work on a contingency fee basis, which means you pay nothing upfront. Our team is ALL IN. ALL THE TIME. for our clients, and we don’t get paid unless we secure a favorable outcome for you.
If you or a loved one has suffered due to medical malpractice, trust the firm that has built a reputation on winning tough cases and delivering results. Contact Daly & Black, P.C. today for a free consultation.
FAQ
Q: What should I do if I believe I am a victim of medical malpractice in New Orleans?
A: Seek immediate medical attention if needed, gather medical records, document the harm suffered, and consult a medical malpractice attorney to assess your case.
Q: How long do I have to file a medical malpractice claim in Louisiana?
A: Louisiana law generally allows one year from the date of the injury or its discovery to file a claim. However, a strict three-year deadline applies regardless of discovery.
Q: What is the process for proving medical malpractice in a New Orleans court?
A: Proving medical malpractice involves demonstrating that a healthcare provider’s negligence caused harm. This typically requires expert medical testimony, detailed evidence, and legal expertise.
Fight Back with a New Orleans Medical Malpractice Lawyer
Medical malpractice cases require a strong legal strategy and aggressive representation. As your New Orleans medical malpractice lawyers, Daly & Black, P.C. is committed to holding negligent healthcare providers accountable and fighting for the compensation you deserve.
We understand the complexities of medical negligence claims and the devastating impact they can have on individuals and families. If you or a loved one has suffered due to medical malpractice, don’t wait to take action. Contact Daly & Black, P.C. today for a FREE consultation and let us fight for your rights.