Helping Victims of Medical Negligence Seek Justice
Medical malpractice refers to professional negligence by healthcare providers, such as doctors, nurses, surgeons, or other medical professionals. It occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury, harm, or death to the patient.
If you or a loved one has suffered harm as a result of medical negligence, our Baton Rouge medical malpractice attorneys at Doran & Cawthorne, P.L.L.C. are here to support you.
Examples of Medical Malpractice
Our firm is deeply familiar with the unique aspects of medical malpractice claims in Baton Rouge.
We handle a wide array of cases, including those involving:
- Failure to diagnose
- Inadequate treatment
- Unnecessary procedures
- Medication errors
- Informed consent violations
- Surgical errors
- Anesthesia errors
- Birth injuries
- Emergency room errors
- Hospital negligence
- And more
Why It's Important to Act Quickly
In Louisiana, the statute of limitations for medical malpractice cases is generally one year. The one-year time limit typically begins to run from the date of discovery of the alleged malpractice or the date the injury occurred. However, Louisiana law also imposes an absolute time limit of three years from the date of the negligent act, regardless of when the injury is discovered.
If you have a medical malpractice claim, consult a medical malpractice lawyer in Baton Rouge promptly to ensure compliance with the statute of limitations. The complexity of these cases often requires thorough investigation and preparation, and early legal consultation can help in preserving crucial evidence and building a strong case.
Elements of a Medical Malpractice Case
Key elements of a medical malpractice case include:
- Duty of care: Healthcare professionals have a duty to provide a standard of care that is in line with what other professionals in the same field would reasonably do in similar circumstances.
- Breach of standard of care: Medical malpractice occurs when a healthcare professional fails to meet the standard of care expected in their field. This may involve errors in diagnosis, treatment, surgery, medication prescription, or other aspects of patient care.
- Causation: The breach of the standard of care must be directly linked to the patient's injury. In other words, the healthcare provider's actions or negligence must be the cause of the harm suffered by the patient.
- Damages: To pursue a medical malpractice claim, the patient must have suffered measurable damages, such as physical injury, emotional distress, additional medical expenses, or loss of income.
Medical malpractice cases are complex, often requiring the involvement of expert witnesses to testify on the standard of care and the causal relationship between the healthcare provider's actions and the patient's harm. Those who believe they have a valid claim should consult with an experienced attorney to assess the merits of their case and explore legal options for seeking compensation.
Compensation for Your Injuries & Losses
In a medical malpractice case, you may be eligible to recover various types of damages, which aim to compensate you for the losses and harm you have suffered.
The types of damages that can be pursued in a medical malpractice case include:
- Medical expenses: Compensation for past and future medical costs related to the malpractice, including hospital stays, surgeries, medications, rehabilitation, and other necessary treatments.
- Lost income: Reimbursement for wages or income lost due to the malpractice, including time off work for recovery, medical appointments, or any long-term impact on your ability to earn a living.
- Pain and suffering: Damages to compensate for physical pain, emotional distress, and mental anguish caused by medical negligence. This category addresses the intangible and non-economic impact on your well-being.
- Loss of consortium: Compensation for the negative effects of the malpractice on your relationship with your spouse, including loss of companionship, affection, and support.
- Disability or disfigurement: Damages to account for any long-term disability or disfigurement resulting from medical malpractice. This may include scars, loss of limb function, or other permanent physical impairments.
- Funeral and burial costs: In cases where medical malpractice leads to wrongful death, the surviving family members may be eligible to recover funeral and burial expenses.
It's important to note that the availability and calculation of damages will vary based on the specific circumstances of each case. Consulting with a medical malpractice attorney in Baton Rouge is crucial to understanding your rights and pursuing the full range of compensation to which you may be entitled.
Your Trusted Legal Advocates in Baton Rouge
At Doran & Cawthorne, P.L.L.C., we understand the impact that medical malpractice can have on your life and well-being. Our attorneys are deeply rooted in the Baton Rouge community and are dedicated to providing personalized and effective legal representation. We navigate the complexities of Louisiana's medical malpractice laws to build a strong case on your behalf.
If you're facing the aftermath of medical malpractice in Baton Rouge, don't hesitate to contact us. We're here to ensure that your voice is heard and that you receive the compensation you need to move forward.
An injury is a devastating thing to have to deal with and a legal case on top of it can seem impossible. Our firm’s personal injury attorneys are able to offer peace of mind when you know that someone with experience and commitment is handling the situation.
When a case can’t be worked out through negotiation, Doran & Cawthorne has no qualms about taking the matter to court. Whether before a judge, or jury, we will gather the evidence necessary to present your case before the fact-finder in the best light.
It is all too common for insurance companies to offer less than what they know to be fair. Our lawyers will negotiate on your behalf, and won’t compromise for anything less than the amount they know you should be receiving.
Our lawyers don’t just talk it…we strive to deliver. You can rest assured you’ll have experienced personal injury counsel with Doran & Cawthorne on your side.
Having handled hundreds, if not thousands of injury cases in Louisiana, Texas and elsewhere, we can assess the best options for each case.
Our firm’s attorneys will guide you in the right direction to make sure your case is developed effectively to your advantage.