Medical malpractice in Louisiana refers to situations where a healthcare provider’s actions or omissions deviate from the accepted standard of care, leading to harm, injury, or death. Common examples include surgical errors, misdiagnosis, medication errors, and birth injuries, but every case is unique. Before filing a lawsuit, claims must go through a mandatory medical review panel.
Whether you’re ill, injured, or just in need of preventative care, doctors’ offices are where we go when we need answers. While doctors, nurses, and other medical professionals are meant to be trusted resources, they sometimes fail to fulfill the basic standards of care, resulting in harm to patients.
This negligence or misconduct of healthcare professionals is referred to as medical malpractice. Understanding what is classified as medical malpractice is crucial for patients seeking justice, and this blog aims to provide an overview of medical malpractice, what is/isn’t classified as medical malpractice, examples, and resources, should you need to contact experienced medical malpractice attorneys, like Capitelli & Wicker in New Orleans, Louisiana.
What is Medical Malpractice in Louisiana?
Medical malpractice involves the violation of the standard of care expected from healthcare professionals, leading to harm or injury to a patient.
In the state of Louisiana, medical malpractice is defined as misconduct by healthcare providers, such as nurses or hospitals, where their actions or omissions deviate from the accepted standard of care, leading to harm, injury, or death to a patient.
Examples of Medical Malpractice in Louisiana
While every medical malpractice case is unique, several types are more common than others. Some common types of medical malpractice cases include:
- Surgical errors
- Misdiagnosis
- Failure to diagnose
- Prescription and medication errors
- Hospital-acquired infections
- Catostropic birth injury and trauma
- Anesthesia errors
- Delayed treatment
Though this is not an all-inclusive list, it’s important to be aware of common medical malpractice cases so you are empowered to be vigilant with your and your family’s healthcare.
How Often Does Medical Malpractice Happen?
Because death and injuries are too often swept under the rug as routine complications, determining the exact frequency of medical malpractice is challenging due to underreporting, varying definitions, and changing legal requirements.
Recent research published by the NCBI estimates that between 200,000 and 400,000 patient deaths in the United States each year are attributable to preventable medical errors, consistently ranking them among the leading causes of death in the country.
Delays in treatment increased by 56% between 2023 and 2024, with patient death reported as the most common outcome.
Our dedicated medical malpractice team at Capitelli & Wicker has devoted substantial resources to medical malpractice claims and knows what claims should be pursued and which should not. If we find evidence of medical malpractice, we will fight to get you the compensation you deserve.
How Do I Know If I Have a Louisiana Medical Malpractice Claim?
Determining whether you have a medical malpractice claim involves evaluating specific criteria. However, before you can file a medical malpractice lawsuit in Louisiana, your complaint must be submitted to a medical review panel for an opinion.
Medical review panels typically consist of several licensed healthcare providers and an attorney to manage the claim process. The injured patient and the defendant healthcare provider(s) are responsible for individually submitting evidence to the panel, which can include medical records, reports from medical experts, and deposition transcriptions.
Following a thorough examination of this material, the panel will issue a report expressing its opinion on whether the evidence supports a finding that the health professional(s) failed to meet the appropriate standard of care in treating the patient. Alternatively, the panel may find that a factual question of liability exists and a decision must be made by a judge.
Regardless of what you’re expecting the medical review panel’s opinion to be, seeking legal advice from an experienced law firm is crucial. A team of attorneys who have years of experience will help you find the truth.
Experienced Medical Malpractice Attorneys in New Orleans, Louisiana
Something went wrong with your care, and now you need to know if you have a case. That question deserves a real answer from someone who has spent decades handling exactly these situations.
At Capitelli & Wicker, our dedicated medical malpractice team knows what claims should be pursued and which should not. If we find evidence of malpractice, we will fight to get you the compensation you deserve.
We take on complex cases against hospitals, insurers, and healthcare institutions that have every resource to fight back, and we are always prepared to go to trial. Contact us today or call 504-582-2425.
Frequently Asked Questions About Medical Malpractice in New Orleans, Louisiana
1. What is classified as medical malpractice in Louisiana?
Medical malpractice occurs when a healthcare provider’s actions or omissions deviate from the accepted standard of care, resulting in harm to a patient. This can include surgical errors, misdiagnosis, failure to diagnose, medication errors, anesthesia errors, birth injuries, and hospital-acquired infections, among others.
2. Is every bad medical outcome considered malpractice?
No. Not every negative outcome or complication qualifies as malpractice. The key question is whether the healthcare provider failed to meet the standard of care expected in their field. If a complication occurred despite appropriate care being given, it may not rise to the level of malpractice.
3. How do I know if I have a medical malpractice claim in Louisiana?
Determining whether you have a valid claim involves evaluating the specific circumstances of your case. The best first step is to contact an experienced medical malpractice attorney who can review the facts and advise you on your options.
4. Do I have to go through a medical review panel before filing a lawsuit?
Yes. Before filing a medical malpractice lawsuit in Louisiana, your complaint must be submitted to a medical review panel for review. The panel evaluates whether the evidence supports a finding that the standard of care was breached and issues a written opinion that can be used in subsequent proceedings.
5. What should I do first if I think I’ve been a victim of medical malpractice?
Seek medical attention for any immediate health concerns first. Then gather all relevant medical records, documentation, and evidence related to your care. From there, contact a law firm with a solid track record in medical malpractice claims. The sooner you act, the better positioned you are to protect your rights.
6. How common is medical malpractice in Louisiana?
Medical malpractice is more common than many people realize. According to a Johns Hopkins study, over 250,000 deaths per year in the U.S. are attributable to medical errors, and Louisiana is among the states with the most reported cases per the National Practitioner Data Bank. If you believe you or a family member has been affected, you are not alone — and experienced legal help is available.
