What To Do When A Medical Procedure Goes Wrong in Louisiana?

Steps To Take When A Medical Procedure Goes Wrong in Louisiana

In medicine, preventable surgical mistakes are commonly called “never events” because they should never happen to patients. Despite this name, every year thousands of people experience serious medical issues due to surgical errors.

If you or a loved one had a medical procedure that went wrong because of doctor negligence or error, take these steps to get the required health care and assert your legal rights.

The first thing you need to do is receive treatment. You don’t want to wait around and hope that your health improves. You also don’t want to wait around for guidance from a legal professional. Your well-being is top priority, so make sure you do whatever it takes to better understand what went wrong and how to fix it.

Once you confirm the error and understand your prognosis, you can then determine if bringing forward a medical malpractice lawsuit would be in your best interest.

Know the signs of issues

After a surgery, seek immediate medical attention if you experience signs of complications. These symptoms may include fever, intense pain, redness or swelling near the surgical site, abdominal pain, nausea and vomiting, and burning or pain during urination.

Contact the medical professional who made the mistake:

Do this before you file a claim to get a better idea of what went wrong, if they can fix it and how they propose to do so. Be careful about agreeing to a follow-up procedure with a medical professional who has already made a mistake.

Get medical treatment

If you have concerns, you may initially return to the facility and doctor who treated you. However, you should also seek an evaluation from a new physician who can address any issues that have arisen due to the previous provider’s mistakes.

Document follow-up care

When another health care provider diagnoses a surgical error, be sure to keep track of his or her recommendations and the cost of follow-up care to correct the error and treat associated health problems. You can seek damages for your past, current and future medical costs as well as lost wages, pain and suffering and other results of the error.

Establish negligence

Surgical errors constitute medical malpractice when the surgeon failed to exercise a reasonable standard of care. The court establishes this standard using the testimony of medical experts in the same field as the doctor facing accusations of the error. Common errors involve administration of anesthesia or other pre- or postoperative medications, internal organ damage, infection, surgical instrument left in the body after the procedure and surgery performed on the wrong part of the body.

Contact the appropriate licensing board

The licensing board doesn’t have the power to take immediate action against the medical professional, such as by requiring them to compensate you, but they can provide guidance while opening an investigation.

Learn how the law works

It’s easy to lose track of time as you get treatment for your condition. You must understand how medical malpractice laws work, including the timeframe in which you have to file a claim.

Consider settling out of court

Don’t assume that your case must go to court in order to get results. Medical malpractice cases can be both costly and time-consuming, so an out of court settlement may be the best way to obtain compensation and put this part of your life in the past.

File a claim

In Louisiana, patients have one year after discovery of the surgical error to file a medical malpractice claim and within three years of the surgery regardless of the discovery date for the injury.

The state’s Patient Compensation Fund will appoint a panel of experts to review your claim. This panel will determine whether malpractice caused your injuries and award an appropriate financial settlement. Although Louisiana caps damages at $500,000, no cap applies to future medical expenses.

If a medical procedure goes wrong, don’t assume it’s “just the way it is.” Learn more about what went wrong, as this will give you the information you need to take the next steps. When you combine knowledge of the error with information on the legal system, you’re in better position to protect your legal rights.

Contact us today to schedule a free consultation.