Protecting Your Rights After Suffering

Our New Orleans, LA medical malpractice lawyer understands the impacts medical malpractice has on the lives of countless individuals and families every year. When healthcare providers deviate from the accepted standard of care, it can lead to devastating consequences for patients. From misdiagnoses and surgical errors to medication mistakes and birth injuries, medical malpractice can result in serious injuries, prolonged suffering, and, tragically, even loss of life. Contact Kiefer & Kiefer today to enlist the skilled and compassionate support you deserve. What sets our firm apart is that we care about our clients—not just their cases. Call now to set up your free consultation.

Table of Contents

Defining Medical Malpractice

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, leading to injury, harm, or even death. (You can read Louisiana’s state laws surrounding medical malpractice here.)

It can encompass a wide range of issues, including misdiagnosis, surgical errors, medication mistakes, birth injuries, and more. Such cases require dedicated legal guidance from experienced medical malpractice attorneys. We understand the profound effects medical malpractice can have on people’s lives. We have been proudly serving the New Orleans community for three generations, providing compassionate and effective legal representation for those who have been victims of medical malpractice. Our experienced team of attorneys is committed to providing compassionate and tenacious representation and helping our clients seek justice and fair compensation for the physical, emotional, and financial hardships they have endured.

Types Of Compensation In Medical Malpractice Cases

Compensation in medical malpractice cases can cover various losses, including:

  1. Medical Expenses. This includes all current and future medical bills related to the malpractice, such as hospital stays, surgeries, medications, and rehabilitation.
  2. Lost Income. If your injuries prevent you from working, you may be eligible to seek compensation for lost wages, including future earning potential.
  3. Pain And Suffering. You or your loved one may suffer from pain and suffering or emotional distress following a medical malpractice case.
  4. Additional Damages. Depending on the circumstances of your case, you may be eligible for compensation for loss of consortium, loss of enjoyment of life, and punitive damages.

Determining Liability

Establishing liability in medical malpractice cases involves proving that a healthcare provider’s actions or omissions deviated from the standard of care, resulting in patient harm. The process for determining liability often includes the following:

  1. Doctor-Patient Relationship. A doctor-patient relationship existed, establishing a duty of care.
  2. Breach Of Standard of Care. The healthcare provider breached the standard of care through negligence, errors, or substandard treatment.
  3. Causation. The breach of the standard of care directly caused patient harm or injury.

If you’ve been a victim of medical malpractice, it’s essential to seek legal guidance promptly. Contact Kiefer & Kiefer today to schedule a consultation with our experienced medical malpractice lawyers. We are here to provide you with unwavering support, protect your rights, and help you pursue the compensation and justice you rightfully deserve.

How Our Medical Malpractice Lawyer Can Help You

If you or a loved one has been a victim of medical malpractice, seeking the counsel of a skilled attorney is vital.

Our New Orleans team of attorneys has a deep understanding of medical malpractice laws and a successful track record in representing clients against negligent healthcare providers. We will thoroughly investigate your case, consult with medical experts, and build a strong argument on your behalf to seek fair compensation for the damages you have endured.

Our medical malpractice lawyer plays a pivotal role in helping you navigate your case. Our experienced New Orleans medical malpractice lawyer can help with the following:

  1. Investigate Your Claim. We conduct a thorough investigation of your claim, including reviewing medical records, consulting with experts, and determining liability.
  2. Negotiate On Your Behalf. We engage in negotiations with insurance companies and healthcare providers to secure a fair settlement that covers your medical expenses, lost income, and other damages.
  3. Offer Litigation Representation. While most medical malpractice cases are solved outside of the courtroom, sometimes it’s necessary to take a case to trial, but our attorneys are willing to do so.

We are committed to providing personalized attention, keeping you informed throughout the legal process, and advocating for your best interests every step of the way.

Medical malpractice can result in life-altering consequences, from significant medical expenses to long-term physical and emotional hardships. Our goal is to secure the compensation you deserve to cover medical bills, lost wages, pain and suffering, and other damages resulting from the negligence. Trust our team to help you hold negligent parties accountable and fight for your future well-being.

Common Types Of Medical Malpractice

While there are various forms of medical malpractice, some are more common than others. Here are five of the most common types of medical malpractice:

  • Misdiagnosis Or Delayed Diagnosis

Misdiagnosis or delayed diagnosis is one of the most prevalent forms of medical malpractice. It occurs when a healthcare provider fails to correctly diagnose a medical condition or takes an unusually long time to arrive at the correct diagnosis. This can have serious consequences, as patients may receive inappropriate treatment, or their condition may worsen during the delay.

Common examples include misdiagnosing cancer, heart disease, infections, or other serious illnesses. Delayed diagnosis can lead to missed treatment opportunities, reduced chances of recovery, and even fatal outcomes. Medical professionals are expected to use their knowledge, training, and available diagnostic tools to make accurate and timely diagnoses.

  • Surgical Errors

Surgical errors encompass a wide range of mistakes that can occur during surgical procedures. These errors may be due to a surgeon’s negligence, a surgical team’s failure to communicate effectively, or equipment malfunctions. Common surgical errors include wrong-site surgery, surgical instruments left inside the patient, anesthesia errors, surgical site infections, nerve damage, postoperative infections, and more.

  • Medication Errors

Medication errors occur when healthcare providers make mistakes related to prescribing, administering, or monitoring medications. Our lawyers understand that this type of malpractice can have serious consequences for patients. Examples of medication errors include incorrect dosages, wrong medication, drug interactions, and failure to monitor.

  • Birth Injuries

Birth injuries occur during childbirth and can result from medical negligence. These injuries can affect both the mother and the newborn. Common birth injuries include cerebral palsy, Erb’s palsy, shoulder dystocia, brachial plexus injuries, and more.

  • Inadequate Informed Consent

Informed consent is a critical aspect of medical treatment. It involves healthcare providers explaining the risks, benefits, and alternatives of a particular procedure or treatment to the patient, who then provides their informed consent to proceed. Inadequate informed consent occurs when patients are not adequately informed about the potential risks or alternatives to a procedure, and they later experience complications or adverse effects they were not aware of.

Patients have the right to make informed decisions about their healthcare, and healthcare providers must ensure that patients are fully informed before obtaining their consent for any medical procedure or treatment.

When it comes to medical care, we all place our trust in healthcare professionals, but incidents can happen, sometimes requiring help from a lawyer. However, errors and negligence can occur, leading to medical malpractice cases. In New Orleans, Louisiana, we are dedicated to helping victims of medical malpractice seek justice and compensation for their suffering. To provide clarity on this complex area of law, we’ve compiled answers to some frequently asked questions related to medical malpractice in New Orleans.

New Orleans Medical Malpractice Infographic

Types Of Compensation In Medical Malpractice Cases

New Orleans Medical Malpractice Statistics

  • Medical mistakes may be responsible for approximately 250,000 deaths in the United States each year. These rates are significantly higher in the U.S. than in other developed countries, including Australia, Canada, Germany, New Zealand, and the United Kingdom. – National Library of Medicine
  • Out of every 1,000 babies born in the United States, 6-8 are born with a birth injury. – Birth Injury Guide

If you’ve suffered a medical injury, contact a medical malpractice lawyer to discuss what your legal options are.

Medical Malpractice FAQs

Understanding your rights and the personal injury legal process is crucial if you suspect you’ve been harmed due to a healthcare provider’s negligence. Below, we’ve answered some frequently asked questions about medical malpractice in New Orleans to help you learn what you need to know about this complex area of law and determine your next steps.

How do I know if I have a valid medical malpractice case?

A valid medical malpractice case in New Orleans often includes these elements:

  • Duty: The healthcare provider owed you a duty of care.
  • Breach of Duty: The provider’s actions deviated from the standard of care.
  • Causation: The breach of duty directly caused your injury.
  • Damages: You suffered damages or harm due to the provider’s actions.

Consulting our New Orleans medical malpractice lawyer at Kiefer & Kiefer can help you determine the strength of your case.

What types of medical malpractice cases do you handle?

Our experienced medical malpractice lawyers handle a wide range of cases, including surgical errors, misdiagnoses, medication errors, birth injuries, and more. When you suspect that you’ve become a victim of medical malpractice, our legal team is here to help evaluate your case and provide any guidance on what you can expect next.

Is there a time limit for filing a medical malpractice claim?

Yes, there is a statute of limitations for medical malpractice claims in Louisiana. Generally, you have one year from the date of the malpractice incident or from the date you discovered or should have discovered the injury to file a claim (La. Rev. Stat. § 9:5628(A)). There’s also a limit on how much time you have to discover your claim; the absolute latest you can sue is three years from the date of the malpractice. It’s essential to act promptly to protect your rights and preserve evidence. We can handle all the specifics of your case, including the statute of limitations.

What compensation can I pursue in a medical malpractice case?

Victims of medical malpractice may be eligible for compensation that covers medical expenses, pain and suffering, lost wages, and other related damages. The specific compensation varies based on the details of the case. We always work hard to see that victims and their families can obtain the necessary compensation they deserve.

If you believe you’ve been a victim of medical malpractice in New Orleans, don’t hesitate to reach out to our firm for a comprehensive consultation. Our dedicated legal team is here to guide you through this challenging process and help you pursue justice. Your well-being is our priority, and we are committed to achieving the best possible outcome for your medical malpractice case.

Medical malpractice lawyer in New Orleans, LA

New Orleans Medical Malpractice Glossary

At Kiefer & Kiefer, our New Orleans, LA medical malpractice lawyers are committed to helping individuals and families affected by medical negligence. For over 60 years, we’ve provided legal guidance for clients seeking justice and accountability after serious errors in healthcare. Below, we define key legal terms to help you better understand your rights.

Standard Of Care Deviation

A standard of care deviation occurs when a healthcare provider fails to provide the level of treatment or care that a reasonably competent provider would have offered under similar circumstances. For example, if a doctor overlooks clear symptoms of appendicitis and delays treatment, causing further harm, this could be classified as a deviation from the standard of care.

In medical malpractice cases, proving that the provider’s actions fell below this standard is a critical step in seeking justice. At Kiefer & Kiefer, we work with medical professionals to evaluate your case and establish how the provider’s care was insufficient.

Informed Consent Violation

An informed consent violation happens when a healthcare provider performs a medical procedure or treatment without adequately informing the patient about its risks, benefits, and alternatives. Patients have the right to make fully informed decisions about their medical care.

For example, if a surgeon fails to disclose the potential for nerve damage during an operation and the patient suffers this outcome, the lack of informed consent may form the basis of a malpractice claim. We frequently represent clients who were not given the opportunity to weigh the risks before undergoing medical procedures.

Medical Review Panel

In Louisiana, a medical review panel must review most medical malpractice claims before they can proceed to court. This panel, composed of three medical professionals and one attorney, examines evidence and determines whether the healthcare provider breached the standard of care.

While the panel’s findings are not binding, they play an important role in many cases. A positive opinion from the panel can strengthen your claim, while a negative one may still be challenged during litigation. At Kiefer & Kiefer, we guide clients through the review process, ensuring that every detail is thoroughly presented.

Misdiagnosis And Delayed Diagnosis

Misdiagnosis and delayed diagnosis are two of the most common issues in medical malpractice cases. A misdiagnosis occurs when a healthcare provider incorrectly identifies a condition, while a delayed diagnosis happens when a correct diagnosis is made, but only after a harmful delay.

For instance, if cancer is misdiagnosed as a benign condition, the delay in proper treatment can lead to severe health consequences or even death. These cases require a detailed review of medical records and consultations with specialists to determine if the provider’s actions fell below acceptable standards. Our team works diligently to ensure misdiagnosis victims receive the compensation they deserve.

Medication Errors

Medication errors involve mistakes in prescribing, dispensing, or administering medications. These errors may include prescribing the wrong drug, incorrect dosages, or failing to consider dangerous drug interactions.

For example, if a patient is given a medication they are allergic to despite this information being clearly documented in their medical records, the healthcare provider may be held accountable for the resulting harm. At Kiefer & Kiefer, we often see cases where medication errors cause serious injuries, and we work to hold those responsible accountable for their negligence.

Kiefer & Kiefer, New Orleans Medical Malpractice Lawyer

1100 Poydras St Ste 1300, New Orleans, LA 70163

Contact Our Legal Team Today

If you or a loved one has suffered injury due to a doctor’s, nurse’s, or other healthcare professional’s negligence, our New Orleans medical malpractice lawyer can help you get the financial justice you deserve. Call Kiefer & Kiefer to schedule a free case evaluation.