Medical malpractice in Louisiana is governed by certain laws and is based on professional negligence. Professional negligence here means the health care provider deviated from what is known as the standard of care.
The standard of care must be established by a claimant, which is usually done with expert testimony. If a claimant did not survive a surgical error, and the surviving spouse was bringing a claim for the wrongful death, it would be part of their duty to have an expert witness set forth what the standard of care would be for a surgeon in this area. There must be proof that the deviation from the standard of care caused harm. That is where our trustworthy medical malpractice attorneys can provide meaningful assistance.
There is no limit to what can be considered medical malpractice. It can encompass anything from patient protection failures, Care Management errors, environmental incidents, radiologic events, or even criminal actions. Sexual abuse or assault and battery on a patient at a health care setting can be claimed as malpractice, whether it was from a fellow patient, a visitor, or even an employee. A young mother having maternal death in a low-risk pregnancy could also fall into this category, as can a newborn who was diagnosed with cerebral palsy or some other condition due to medical negligence at birth.
Medical malpractice can take the form of surgical or procedural negligence. For example, an invasive procedure performed on the wrong body part would be considered medical malpractice, as would a procedure performed on the wrong patient, an incorrect procedure altogether, or an unintended retention of a foreign object in a patient, such as a surgical instrument or a sponge left in the abdomen. That would be considered a major deviation from the standard of care, either from the surgical team or the nursing staff. In addition, when an otherwise healthy patient dies because of anesthesia, that is usually considered medical negligence.
Malpractice also includes patients having a serious injury or death from an intravascular air embolism, contaminated drugs, defective medical devices, or devices used for something other than their intended purpose. Wrong medications or unsafe administration of blood products or transfusions can also be the subject of a lawsuit.
Somebody who disappeared (or “eloped”) from a mental facility can also be considered a situation of medical negligence. An individual in a behavioral health unit for suicide threats who ends up attempting (or succeeding) suicide could see the employees of that unit targeted for a lawsuit due to poor patient oversight.
Patients may have a dangerous fall, particularly when the healthcare facility was on notice that that patient was a fall risk. Even the development of significant pressure sores or ulcers, which develop from not being turned over on a regular schedule in a healthcare facility, are grounds for an investigation.
Medical care providers may also be negligent if there was a failure to follow up or communicate on laboratory or radiology test results.
Some claims are easier to prove than others, but it is incumbent for the person bringing the claim to prove there was a violation of the standard of care, usually established by expert testimony or the finding of a medical review panel. These can assist the injured party or family member in proving a violation of the standard of care and the cause of the injury or death.
Please reach out to our personal injury lawyers when you or a loved one was harmed by a medical professional who was tasked with taking care of them. You may be owed significant damages for that negligence.
