Lake Charles Medical Malpractice Lawyer

Lake Charles Medical Malpractice Attorney

Handling Medical Malpractice Claims For Louisiana Victims

Health care providers in Louisiana must follow safety guidelines and medical safety guideline standards that are designed to make sure patients are not exposed to unreasonable or unnecessary health risks. When health care providers fail to follow those safety guidelines and standards, it may result in a serious or even fatal injury to the patient. If you believe you were a victim of medical malpractice, contact a Lake Charles medical malpractice lawyer.

Seek Legal Help From An Attorney Who Is A Former Doctor

At the law firm of Lee M. Schwalben, M.D., J.D., LLC, we help individuals and families whose lives have been changed due to medical malpractice. As a lawyer who has also practiced medicine, attorney Lee M. Schwalben, M.D., J.D., LLC understands how to define the applicable medical standards, review the violation of these standards and clearly show the link between this violation and the injury suffered by the patient.

We Handle Medical Malpractice Cases That Include:

• Emergency room malpractice: Due to the fast-paced nature of the emergency room, many things can go wrong. Some of the most common issues that occur in an emergency room include ordering or performing the wrong tests, improperly diagnosing a patient, or failing to notice a serious medical condition.
• Hospital malpractice: In some cases, a hospital can be responsible for injuries instead of a doctor. Nurses and other hospital staff can also commit medical malpractice if they make mistakes during the treatment of a patient. Issues can include filling an IV with the wrong drug or dosage, not properly supervising patients in critical condition, or not reporting issues to a doctor in a timely fashion.
• Birth trauma, Erb’s palsy, brain injuries: The birth process can be dangerous, even with experienced medical staff. However, some conditions that develop in a newborn might have been caused by preventable errors, especially if the pregnant person or child was not properly monitored during the birth. Other issues include the misuse of forceps or injuring the newborn as they leave the pregnant person’s body.
• Pharmacy errors: Even a minor dosing mistake can cause severe issues in a patient. Sometimes, the entirely wrong drug is administered, or critical instructions about how to effectively take the drug are not given. It is also necessary for a pharmacist to review the patient’s health and other drugs they are taking to prevent dangerous interactions from occurring. In certain cases, pharmacists may fail to perform this crucial step correctly.
• Failure to diagnose or misdiagnosis: One of the most common forms of medical malpractice is failing to diagnose a patient. If a patient displays clear signs of a serious illness, but the correct tests are not ordered, this could be considered malpractice. This is especially true if the patient discovers the disease months or years later in an advanced state because the effects might have been preventable if it was found earlier.
• Defective medical devices and dangerous pharmaceuticals: Medical devices like pacemakers, implants, and stents can have negative effects if they are used incorrectly by the doctor administering them. If the fault lies in the product itself rather than a doctor using it incorrectly, this could be considered a product liability claim instead of a medical malpractice claim.
• Wrongful death: Unfortunately, if a medical provider’s mistakes are severe enough, they can cause the death of a loved one. In this instance, a wrongful death claim could be filed rather than a personal injury claim. Damages could still be recovered for things like funeral expenses and medical expenses that occurred when the patient was still alive.

While all of these cases are examples of medical malpractice, they all require different forms of evidence and unique approaches. Every case is unique, which is why an attorney is such a vital part of every medical malpractice claim. They can break down your case and create an effective strategy to help with your recovery.

Any type of medical negligence could result in a debilitating or fatal injury. For a person harmed by malpractice, it is crucial to obtain compensation for medical bills, lost wages for time off work, lost earning capacity, pain and suffering, and other damages. Speak with an attorney who is a former doctor and can fully understand the medical issues involved in your situation.

What Is Medical Malpractice?

In order for a case to be considered medical malpractice, usually, some form of injury must have occurred due to a medical provider breaching their standard of care. Most medical professionals are beholden to a set standard of care, and if their action or lack of action violates this set standard, it is considered to be a breach. If this breach caused damage to a patient in the form of an injury, they might be able to file a claim against the provider for monetary compensation.

These cases can be difficult to prove and involve many steps and procedures. That’s why hiring an attorney is so important. They can navigate the difficulties of a medical malpractice claim by obtaining evidence, testimonies from other professionals, and more to prove that you were harmed as a result of medical malpractice.

Compassionate Care ~ Free Consultation

Schedule a free initial consultation to discuss your medical malpractice claim today before crucial evidence is lost. Send us an email or call us in Lake Charles at 337-494-5757.

FAQs

What Does the Average Medical Malpractice Settlement Include in Lake Charles?

The average medical malpractice settlement consists of both non-economic and economic damages. Economic damages are costs such as medical expenses and missed wages if you were unable to work. Non-economic damages are considered costs like pain and suffering or other emotional damages that occurred as a result of the injuries associated with medical malpractice. Contact an attorney for an exact breakdown of what you might be entitled to.

How Do I File a Claim for Medical Malpractice in Lake Charles?

Before filing a claim for medical malpractice in Lake Charles, you must first have your case heard by a medical review panel to see if the evidence you have is potentially enough for a medical malpractice claim. If the panel believes it is a valid claim or does not respond after a prolonged period of time, a claim may then be filed.

What Is a Medical Malpractice Damages Cap in Louisiana?

Louisiana has a medical malpractice damages cap for all damages, both economic and non-economic combined. This means that plaintiffs may not receive a compensation amount that is greater than the cap. The only exception to this rule is for future medical expenses as a result of long-term injuries. For more information on what rewards you might expect to receive, contact a medical malpractice attorney.

What Is a Statute of Limitations on Medical Malpractice

The statute of limitations on medical malpractice is the time limit by which plaintiffs must file a claim. If a claim is filed after this point, it will most likely be considered invalid by the court. However, the statute does not include the time it takes for a medical review panel to review the case. If the injuries were noticed after the time limit passed, the court might consider an extension if the event happened recently enough.

Dedicated Attention to Your Claim

If you have been injured as a result of the carelessness or negligence of a medical provider, you have a right to learn more about your options for a medical malpractice claim. Take the next step by working with an attorney who helps people with their recovery. For more information on your medical malpractice claim, schedule a consultation with Lee M. Schwalben, M.D., J.D., LLC.