6 Common Medical Malpractice Cases Explained
Medical malpractice happens when a doctor or healthcare provider does not meet the expected standard of care. This can lead to severe injuries, illness, or even death for patients. If you think you or a loved one might be a victim of medical malpractice, it’s important to know your rights. The attorneys of at Domengeaux Wright Roy & Edwards can help you through the process. Learn about these six common types of medical malpractice with a law firm serving Lafayette. And, find out which steps you can take to protect yourself and seek justice.
1. Mistakes During Surgery
Surgical errors occur when a surgeon makes a mistake during an operation. These mistakes can range from performing the wrong procedure to leaving surgical instruments inside the patient’s body.
Common surgical errors include:
- Using equipment that fails during surgery
- Operating on the wrong body part
- Nerve damage
- Performing unnecessary surgery
- Foreign materials left behind
These errors can lead to severe complications, infections, and even death. If you or a loved one has experienced a surgical error, our Lafayette medical malpractice law firm can help.
2. Misdiagnosis or Delayed Diagnosis
Misdiagnosing a condition or taking too long to reach a diagnosis can have severe effects on a patient’s health. When a doctor fails to diagnose a condition accurately or delays the diagnosis, the patient may not receive the necessary treatment in time.
Misdiagnosis or delayed diagnosis could lead to:
- Worsening of the condition
- Unnecessary treatments
- Increased medical costs
- Death
Commonly misdiagnosed conditions include cancer, celiac disease, Lyme disease, and hypothyroidism. If you believe your diagnosis was incorrect or delayed, consult a legal professional for a second opinion.
3. Anesthesia or Emergency Room Errors
Anesthesia errors occur when the anesthesiologist administers the wrong dosage or fails to monitor the patient properly. Emergency room errors happen when medical staff fail to provide timely and appropriate care. These errors can have life-threatening consequences.
Examples of this type of medical malpractice from an anesthesiologist or emergency room staff include:
- Administering too much or too little anesthesia
- Failing to insert a breathing tube into the patient’s airway correctly
- Misinterpreting test results
These errors can cause brain damage, paralysis, or death. Victims or their loved ones can take legal action if they have experienced this type of medical malpractice. Our medical malpractice law firm in Lafayette is here to help.
4. Medication Errors
Medication errors are another common type of medical malpractice. They occur when a healthcare provider prescribes the wrong medicine or dosage. Or, this can happen when a pharmacist fills a prescription incorrectly.
Medication errors can result in:
- Adverse drug reactions
- Overdoses
- Ineffective treatment
Always double-check your prescriptions and ask questions about your medications to prevent these errors. If you have been harmed by medication errors, seek legal assistance as soon as possible.
5. Not Getting Informed Consent
Patients have the right to be informed about the risks and benefits of a treatment before agreeing to it. Additionally, doctors must share any alternative options, if available. Lack of informed consent occurs when a doctor fails to provide this information. This can also happen when a patient cannot understand the information the doctor shares.
This can lead to:
- Performing surgery that wasn’t approved
- Getting screenings and testing a patient did not agree to
- Undergoing treatments without understanding the risks
- Making uninformed decisions about their health
If you believe you did not receive proper informed consent before a procedure, consult our medical malpractice law firm in Lafayette. We will discuss your experience to determine if you should seek justice from the medical provider.
6. Injuries During Pregnancy or Birth
Birth injuries can result from negligent care before or after birth or from errors during delivery. These injuries can have lifelong consequences for both the child and the parents.
Common birth injuries to the baby can include:
- Cerebral palsy
- Collarbone or clavicle fractures
- Facial paralysis
Additionally, negligence from a medical team during birth can include using forceps incorrectly, choosing not to perform a necessary C-section, not monitoring vital signs, and more. If you or your child has suffered birth trauma due to medical negligence, our Lafayette medical malpractice law firm can help you seek justice.
What to Do If You Experience Medical Malpractice
According to Forbes Advisor, Louisiana is the second most affected state by medical malpractice. If you believe you have been a victim of medical malpractice, follow these steps:
- Seek immediate medical attention to address the issue.
- Document the incident by keeping records of all medical treatments, prescriptions, and communications with healthcare providers.
- Consult a qualified attorney to discuss your case and determine whether you have a valid claim.
Statute of Limitations in Louisiana
In Louisiana, the statute of limitations for medical malpractice claims is one year from the date of the injury. However, if you do not discover the effects of medical malpractice until later, you may file within one year of the date of discovery. This period can be up to three years from the date of the actual malpractice.
While these are the current laws for seeking a claim, the statute of limitations and other laws may change. So, it is advisable to confirm their current status with an attorney. To see if you have a valid claim, consult with a qualified attorney today at our medical malpractice law firm in Lafayette.
Let Our Medical Malpractice Law Firm in Lafayette Fight for You
Medical malpractice can have severe consequences for victims. Understanding the types of cases and knowing your rights can help you seek justice and compensation. Every case is unique, and the information presented here may not apply to your specific situation. If you believe you have been a victim of medical malpractice, schedule a consultation with the lawyers at Domengeaux Wright Roy & Edwards today.
Our team will assess the details of your situation and determine if you have a valid claim to pursue. If you become our client, we will fight for the justice and compensation you deserve. Send us a message online or call us at 337-291-HURT (4878) to get started.