YOUR MEDICAL MALPRACTICE QUESTIONS ANSWERED

Frequently Asked Questions About Medical Malpractice

Understanding medical malpractice claims can be challenging. Our experienced medical malpractice attorneys provide clear, straightforward answers to your most common questions about negligence, birth injuries, bed sores and your rights.

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General Medical Malpractice

Medical malpractice occurs when a healthcare professional (doctor, nurse, hospital, etc.) deviates from the accepted “standard of care” in their community, and that deviation directly causes injury to a patient. Proving malpractice requires demonstrating that the provider’s actions or omissions fell below what a reasonably competent professional would have done and that this failure caused harm.

The standard of care is the level of skill, knowledge and care that a reasonably prudent healthcare provider in the same field would have exercised under similar circumstances. Establishing this standard often requires testimony from medical experts who can explain what a competent provider would have done differently.

The statute of limitations for medical malpractice claims in Louisiana is complex. Generally, it is one year from the date the malpractice was committed or was discovered, but it all instances no more than three years from the date of malpractice regardless of when the malpractice is discovered. It is critical to consult with an attorney promptly to ensure you do not miss any filing deadlines. Our experienced attorneys can help determine the precise timeline for your case.

Specific Injury Types

Our firm focuses on serious cases involving:

  • Birth Injuries: Harm to a baby during labor or delivery.
  • Bed Sores: Injuries from neglect in hospitals or nursing homes.
  • Surgical Errors: Mistakes made during a procedure.

A birth injury is harm a baby sustains during labor or delivery, often due to medical error or negligence. If your child suffered a birth injury, such as cerebral palsy, Erb’s palsy or hypoxic-ischemic encephalopathy (HIE), due to a preventable mistake by doctors, nurses, or the hospital, you may have a claim for medical malpractice. We investigate these cases meticulously. We work to prove that the healthcare team’s failure to meet the standard of care directly caused your child’s injury. Compensation can cover a lifetime of medical care, therapy, special education and lost earning capacity.

Proving nursing home negligence for a bed sore requires showing that the facility failed to provide the accepted standard of care, which led to the development or worsening of the pressure ulcer. Common signs of negligence include failure to reposition a resident regularly, inadequate nutrition or hydration, poor hygiene, or not using necessary pressure-relieving equipment.

Proving causation in birth defect cases requires expert medical testimony. We work with specialists to review prenatal care, medical records and prenatal test results to demonstrate how a doctor’s error or negligence during pregnancy may have contributed to the defect.

This is distinct from birth injuries, which occur during delivery.

We gather evidence such as medical records, facility policies, staff testimony and expert opinions to establish the facility’s failure. If your loved one suffered a bed sore due to neglect, we can help you pursue compensation for their pain, suffering and medical expenses.

The Legal Process & Compensation

Compensation can cover a range of losses, including past and future medical expenses, lost wages and earning capacity, pain and suffering, emotional distress, permanent disability, disfigurement, and in cases of fatal negligence, wrongful death damages for the family. We meticulously calculate all damages to seek maximum recovery.

You should not accept an initial settlement offer without legal guidance. Insurance companies aim to settle for less than your claim is worth. Our attorneys, with their trial credentials and years of experience, provide the leverage needed to negotiate a fair settlement that accounts for all your losses.

Yes. We handle medical malpractice cases on a contingency fee basis. This means you pay no attorney fees or costs unless we successfully recover compensation for you. Our goal is to provide access to justice for everyone, regardless of their financial situation.

Holding Negligent Healthcare Providers Accountable

When medical negligence causes harm, you deserve justice. Contact Lewis, Kullman, Sterbcow & Abramson, LLC today for a free, confidential consultation. Let our experienced medical malpractice attorneys fight for the compensation your family deserves.

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Call Us: (504) 588-1500