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What Is Grounds for Medical Malpractice in Louisiana? 


Most people think of doctors as healers and life savers, not as people who hurt or harm others. In most situations, doctors do intend to save lives and help people get better. Sadly, there are some medical professionals out there who do more harm than good. They take shortcuts or behave in a negligent manner that leads to injury or death for their victims.

If you’ve been harmed by a doctor or other medical professional, you may be wondering whether you have grounds to file a medical malpractice claim. 

Not every medical injury will permit you to file a claim. You must be able to show that you were injured by a doctor, that the doctor’s actions were not accepted practice, and that you suffered damages as a result.

Types of Injury Accidents That Could Qualify as Medical Malpractice

If you’re wondering whether your type of injury qualifies as medical malpractice, here are a few examples of injuries that might qualify. It’s important for you to know that the type of injury isn’t as important as the circumstances surrounding it. 

For instance, if you are hurt during surgery, the circumstances of the surgical mistake are important. Not every surgical mistake is considered negligence. For example, if your doctor was doing everything they could not to hurt you, but they still made a mistake, this likely won’t qualify as negligence. 

If another doctor could have made the same mistake under similar circumstances, then it’s not negligence. However, if the surgical mistake occurred because your doctor had been heavily drinking and was still intoxicated from the night before, that could be considered reckless or negligent behavior.

A few examples of injuries that could qualify as medical malpractice:

  • Surgical errors or unnecessary surgery
  • Misdiagnosis or missed diagnosis
  • Incorrect prescription or dosage
  • Failure to respond appropriately to an emergency
  • Poor follow-up care
  • Failure to read patient’s chart

Elements of a Medical Malpractice Case

The primary elements that must exist for your malpractice case to move forward have been listed below.

  • A doctor-patient relationship existed.
  • The doctor treated you, and the treatment resulted in harm for you.
  • The treatment was not considered standard practice. In other words, another doctor would not likely have done what your doctor did.
  • You were harmed.
  • You sustained damages, such as injury, lost income, medical bills, and pain and suffering.

Get in Touch with a Medical Malpractice Attorney in Louisiana

Proving a medical malpractice case is more challenging than other types of personal injury cases. Doctors are permitted to make mistakes because they aren’t perfect. Your case must be strong, and you must be able to prove the elements discussed above. It’s usually advisable to talk to a lawyer about your case to see whether it can move forward.

Discover whether you have a strong case and how much it might be worth by talking with a Louisiana medical injury lawyer. Spencer Calahan Injury Lawyers offers free case consultations to those who call 225-387-2323 or who reach out using the online form below.