Medical Malpractice in New Orleans
Medical malpractice occurs when a healthcare professional or institution fails to provide the accepted standard of care to a patient, resulting in injury or harm. In New Orleans, medical malpractice is defined by the Louisiana Civil Code as “a breach of the legal duty owed by a physician to his patient, resulting in damages.” This duty includes providing reasonable care, skill, and diligence in diagnosis, treatment, and follow-up care.
Common Types of Medical Malpractice Cases in New Orleans
Some of the most common types of medical malpractice cases in New Orleans include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Anesthesia errors
- Birth injuries
- Hospital negligence
Examples of Successful Medical Malpractice Cases in New Orleans
Several notable medical malpractice cases have been successfully resolved in New Orleans, resulting in significant compensation for victims and their families. Some examples include:
- In 2021, a jury awarded $10 million to a patient who suffered permanent nerve damage due to a surgical error during a spinal fusion procedure.
- In 2019, a hospital was held liable for $7.5 million in damages after a patient died due to a medication error.
- In 2017, a jury awarded $5 million to the family of a patient who died from a misdiagnosis of cancer.
Finding a Medical Malpractice Attorney in New Orleans
If you or a loved one has been the victim of medical malpractice, it is important to find an experienced and qualified attorney to represent you. Here are some key factors to consider when choosing a medical malpractice attorney in New Orleans:
- Experience: The attorney should have extensive experience handling medical malpractice cases. This experience will give them the knowledge and skills necessary to effectively represent you and maximize your chances of success.
- Track record: The attorney should have a proven track record of success in handling medical malpractice cases. This means that they have a history of obtaining favorable outcomes for their clients.
- Reputation: The attorney should have a good reputation in the legal community. This means that they are respected by their peers and have a reputation for being ethical and professional.
- Fees: The attorney should be upfront about their fees and costs. You should be comfortable with the fee arrangement before hiring the attorney.
Types of Medical Malpractice Attorneys in New Orleans
There are different types of medical malpractice attorneys in New Orleans. Some attorneys specialize in handling cases involving specific types of medical negligence, such as birth injuries, surgical errors, or misdiagnosis. Other attorneys handle a wide range of medical malpractice cases. When choosing an attorney, it is important to find one who has experience handling cases similar to yours.
Tips for Finding the Best Medical Malpractice Attorney in New Orleans for Your Case
Here are some tips for finding the best medical malpractice attorney in New Orleans for your case:
- Get referrals from friends or family. If you know someone who has been involved in a medical malpractice case, ask them for a referral to their attorney.
- Do your research. There are a number of online resources that can help you find a medical malpractice attorney in New Orleans. You can also contact the Louisiana State Bar Association for a list of attorneys who specialize in medical malpractice.
- Interview potential attorneys. Once you have a list of potential attorneys, interview them to find the one who is the best fit for your case. Be sure to ask about their experience, track record, and fees.
The Process of Filing a Medical Malpractice Claim in New Orleans
Filing a medical malpractice claim in New Orleans involves several crucial steps. It is essential to gather evidence and build a strong case to support your claim. Expert witnesses often play a vital role in providing medical testimony and supporting your case.
Gathering Evidence
To establish a medical malpractice claim, you must gather evidence to prove that:
– A doctor-patient relationship existed.
– The medical professional breached the standard of care.
– The breach of care caused your injuries or damages.
– You suffered damages as a result of the negligence.
Medical records, witness statements, and expert opinions can serve as valuable evidence in your case.
Building a Strong Case
A strong medical malpractice case requires a thorough understanding of the relevant medical standards and the specific circumstances of your case. Your attorney will work with you to:
– Identify the specific acts or omissions that constitute negligence.
– Gather evidence to support your claims.
– Develop a legal strategy to maximize your chances of success.
Role of Expert Witnesses
Expert witnesses are medical professionals who provide testimony about the standard of care and the specific circumstances of your case. They can help establish:
– The appropriate standard of care for the medical professional in question.
– Whether the medical professional breached the standard of care.
– The extent of your injuries and damages.
Expert witnesses can provide valuable support in complex medical malpractice cases, helping you to prove your claim and obtain fair compensation.
Damages and Compensation in Medical Malpractice Cases in New Orleans
In medical malpractice cases, victims may be entitled to compensation for the damages they have suffered as a result of the negligence or wrongdoing of a healthcare provider. Damages in medical malpractice cases can include both economic and non-economic losses.
Economic damages are those that can be easily calculated and assigned a monetary value. They include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
Non-economic damages are more difficult to calculate and are intended to compensate the victim for the pain and suffering, emotional distress, and other intangible losses they have experienced as a result of the medical malpractice. They include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
The amount of damages that a victim may be awarded in a medical malpractice case will vary depending on the severity of the injuries, the extent of the damages, and the specific facts of the case. However, there have been some large medical malpractice settlements and verdicts in New Orleans in recent years.
Examples of Large Medical Malpractice Settlements and Verdicts in New Orleans
- In 2019, a jury awarded $10 million to a woman who suffered a stroke after a doctor failed to diagnose a blood clot in her neck.
- In 2018, a hospital agreed to pay $7.5 million to the family of a man who died after a surgical error.
- In 2017, a jury awarded $5 million to a woman who suffered permanent brain damage after a doctor prescribed the wrong medication.
These are just a few examples of the large medical malpractice settlements and verdicts that have been awarded in New Orleans in recent years. If you have been injured as a result of medical malpractice, you may be entitled to compensation for your damages. It is important to speak to an experienced medical malpractice attorney to discuss your legal options.
Defenses to Medical Malpractice Claims in New Orleans
Defendants in medical malpractice cases in New Orleans often raise common defenses to avoid liability. Understanding these defenses and how to overcome them is crucial for successful litigation.
Lack of Negligence
Defendants may argue that they did not breach the standard of care and that the patient’s injury was not caused by their actions or omissions. To counter this, plaintiffs must present evidence establishing the defendant’s negligence and causation.
Contributory Negligence
Defendants may assert that the patient’s own actions contributed to their injuries. Plaintiffs must prove that the defendant’s negligence was the primary cause of the harm and that the patient’s actions did not significantly contribute.
Statute of Limitations
Defendants may argue that the claim was not filed within the applicable statute of limitations. Plaintiffs must ensure that they file their claim within the time limit set by Louisiana law, which is generally one year from the date of injury.
Expert Testimony
Defendants often rely on expert testimony to support their defenses. Plaintiffs can counter this by presenting their own expert witnesses who can challenge the defense’s claims and provide alternative explanations for the patient’s injuries.
Informed Consent
Defendants may argue that the patient consented to the treatment and assumed the risks involved. Plaintiffs must prove that the patient did not provide informed consent, meaning they were not adequately informed of the risks and alternatives to the treatment.
Alternative Dispute Resolution in Medical Malpractice Cases in New Orleans
Alternative dispute resolution (ADR) offers a way to resolve medical malpractice cases outside of the traditional court system. ADR methods can be faster, less expensive, and less adversarial than litigation.
There are several types of ADR available in medical malpractice cases in New Orleans:
- Mediation: A neutral third party, called a mediator, helps the parties reach a settlement agreement.
- Arbitration: A neutral third party, called an arbitrator, hears evidence and makes a binding decision.
- Settlement negotiation: The parties negotiate a settlement agreement directly with each other, often with the help of their attorneys.
Each ADR option has its own advantages and disadvantages:
Mediation
- Advantages:
- Confidential
- Flexible
- Less expensive than litigation
- Disadvantages:
- Not binding
- May not be suitable for all cases
Arbitration
- Advantages:
- Binding
- Faster than litigation
- Less expensive than litigation
- Disadvantages:
- Less formal than litigation
- May not be suitable for all cases
Settlement Negotiation
- Advantages:
- Can be faster and less expensive than other ADR options
- Allows the parties to maintain control over the outcome of their case
- Disadvantages:
- May not be possible in all cases
- Can be adversarial
The best ADR option for your case will depend on your specific circumstances. It is important to discuss your options with your attorney before making a decision.
Trial of a Medical Malpractice Case in New Orleans
A medical malpractice trial in New Orleans is a complex process that can take months or even years to complete. The trial process involves several key steps, including:
– Jury selection: The jury is responsible for deciding whether the defendant is liable for the plaintiff’s injuries and, if so, what damages should be awarded. The jury is selected through a process called voir dire, during which the attorneys for both sides question potential jurors about their backgrounds and biases.
– Opening statements: The attorneys for both sides give opening statements to the jury, outlining their respective cases.
– Presentation of evidence: The plaintiff’s attorney presents evidence to support their claim that the defendant was negligent and that their negligence caused the plaintiff’s injuries. The defendant’s attorney presents evidence to refute the plaintiff’s claims.
– Closing arguments: The attorneys for both sides give closing arguments to the jury, summarizing their cases and urging the jury to find in their favor.
– Jury deliberations: The jury deliberates until they reach a verdict. The verdict must be unanimous.
– Judgment: The judge enters a judgment in accordance with the jury’s verdict.
The Role of the Jury in Medical Malpractice Cases
The jury plays a critical role in medical malpractice cases. The jury is responsible for deciding whether the defendant is liable for the plaintiff’s injuries and, if so, what damages should be awarded. The jury’s decision is based on the evidence presented at trial and the instructions given to them by the judge.
The Importance of Effective Closing Arguments in Medical Malpractice Trials
Closing arguments are an essential part of a medical malpractice trial. The closing arguments are the attorneys’ last opportunity to persuade the jury to find in their favor. Effective closing arguments can help the jury to understand the evidence and to see the case from the attorney’s perspective.
Post-Trial Proceedings in Medical Malpractice Cases in New Orleans
The conclusion of a medical malpractice trial does not necessarily mark the end of the legal proceedings. There are several post-trial steps that may follow, including appeals, collection of judgments, and ethical considerations for attorneys.
Appealing a Medical Malpractice Verdict
If either party is dissatisfied with the verdict, they may choose to appeal the decision. The appeal process involves filing a notice of appeal and submitting arguments to a higher court, typically the Louisiana Fourth Circuit Court of Appeal. The appellate court will review the trial record and determine if there were any errors that warrant overturning the verdict.
Collecting on a Medical Malpractice Judgment
Once a medical malpractice judgment is entered, the plaintiff must take steps to collect on the award. This may involve garnishing wages, seizing assets, or placing a lien on property. If the defendant does not have sufficient assets to satisfy the judgment, the plaintiff may need to explore other options, such as filing for bankruptcy.
Ethical Considerations for Medical Malpractice Attorneys in Post-Trial Proceedings
Medical malpractice attorneys have ethical obligations to their clients and the legal profession during post-trial proceedings. These obligations include:
– Advising clients about their options for appeal and collection
– Pursuing all legal avenues to maximize recovery for their clients
– Maintaining confidentiality and protecting client information
– Avoiding conflicts of interest
– Acting in a professional and ethical manner at all times
