When Medical Care Includes Harmful Medical Errors
Last updated on September 23, 2025
Medical malpractice refers to a situation in which a medical professional or personnel agrees to treat a patient and provides substandard medical care that causes undue harm to the patient. Because it is the responsibility of the plaintiff – the party pursuing medical malpractice litigation – to prove that medical malpractice occurred, prompt legal advice is essential.
It is very important to solicit the help of an attorney who not only knows the law but also has the skills to discover all the relevant facts and make a compelling case on behalf of the victim. This is how we begin medical malpractice claims at Clary | Suba | Neale. We are trial lawyers who are ready to fight to learn the truth and get you the compensation you deserve.
Common Types Of Medical Malpractice
Medical malpractice can occur in various forms throughout different areas of health care. Understanding these common types helps patients recognize when substandard care may have caused their injuries.
- Surgical errors: These involve mistakes during operations, including wrong-site surgery, retained surgical instruments, anesthesia errors or complications arising from inadequate preoperative planning.
- Birth injuries: These occur during pregnancy, labor or delivery when medical professionals fail to monitor fetal distress, misuse delivery instruments or delay necessary cesarean sections. Common birth injuries include cerebral palsy, Erb’s palsy and brain damage that could have been prevented with proper care.
- Misdiagnosis: This happens when health care providers incorrectly identify a patient’s condition, leading to inappropriate treatment that may worsen the actual illness. Cancer misdiagnosis represents a particularly serious form of this malpractice type.
- Delayed diagnosis: This occurs when medical professionals fail to timely identify serious conditions, allowing diseases to progress beyond treatable stages. Time-sensitive conditions like heart attacks, strokes and cancers require prompt recognition and treatment.
- Medication errors: These include prescribing wrong medications, incorrect dosages, failing to check for dangerous drug interactions or pharmacy dispensing mistakes.
Additional types include hospital-acquired infections, nursing home negligence, emergency room errors and failure to obtain informed consent before procedures.
Medical Malpractice: A Brief Overview
The scope of medical malpractice covers a broad range of negligent actions, including:
- Basic negligence in medical care settings
- The administration of incorrect medicine
- The failure of a doctor to correctly diagnose cancer or other critical time-sensitive conditions
When acts and omissions such as these result in a patient’s illness, injury or death, it is reasonable to consider whether medical malpractice occurred. According to the Bureau of Justice Statistics, the median award amount in medical malpractice cases is typically relatively high compared to those in other areas of injury law. However, the success rate is relatively low for plaintiffs in medical malpractice cases. Therefore, it is very important for the plaintiff to choose a lawyer with extensive litigation experience.
Many of our clients say that they are not only looking for money; they also want to help prevent future similar wrongdoings in the medical field. The Louisiana Medical Review Panel is a useful resource. This group handles the complaint and review process for potential malpractice cases. This organization is authorized to take actions such as:
- Notifying the defendant – the medical professional – of the complaint
- Suspending prescription privileges
- Providing expert opinions on complaints
For more information, ask one of our lawyers about the responsibilities and powers of the Louisiana Medical Review Panel.
Statute Of Limitations For Medical Malpractice
Understanding Louisiana’s statute of limitations for medical malpractice claims is crucial for protecting your legal rights. Missing these deadlines typically results in case dismissal regardless of the claim’s merits.
In Louisiana, you generally have one year from the date of the alleged malpractice or from the date you discovered the injury to file your claim. However, no medical malpractice action can be filed more than three years from the date of the incident, regardless of when the injury was discovered.
Important exceptions exist for certain circumstances. When the patient was a minor at the time of the incident, the time frame may be extended. Cases involving foreign objects left in the body during surgery may also have different limitation periods.
These strict deadlines make prompt legal consultation essential. Evidence preservation, medical record review and case preparation require significant time, making early action critical for successful claims.
About Your Case
If you or your loved one was injured because of an apparent surgical or medication error, then we want to hear about it. Initial case reviews are free. To schedule a consultation, call 225-228-3694 or send an email inquiry.
