The basics of a medical malpractice claim

by | Dec 3, 2019 | Firm News

When you go to the doctor, you assume that you will receive quality care and the right diagnosis for the problem you are experiencing. You assume that your doctor or care provider will match you with an effective treatment plan or put you on a medication that will treat your medical issue. You place a lot of faith in Louisiana medical professionals, and it can be devastating when they fail you in some way.


Doctors cannot prevent or predict unexpected negative outcomes in medical procedures and treatment plans. However, you have the right to a reasonable expectation of quality care and effective medical guidance. This means that if a doctor acts negligently in any way while providing care for you, it is possible this is medical malpractice. Victims of malpractice may have grounds to pursue compensation through a civil claim.

What is medical malpractice anyway?

Medical malpractice is a term used to describe what happens when a medical professional makes an error or acts negligently in any way that ultimately causes harm to the patient. This broad term can describe various different types of incidents, such as: 

  • Failure to diagnose properly with effective tests and proper interpretation of test results
  • Performing surgery on the wrong site or leaving an instrument inside the patient
  • Giving a patient the wrong medication or a dosage that causes a dangerous interaction with other medications he or she is taking
  • Onset of infection after a medical procedure or sending the patient home too early 

These are only a few examples of how patients can suffer because of the actions or inaction of doctors, nurses, surgeons and other care professionals. In order to have a valid claim, you must be able to prove the doctor was negligent when providing you care and that you suffered as a result of that negligence. There must also be proof that you suffered physically, emotionally or financially.

Where should you start?

If you think you have been a victim of medical malpractice, you do not have to suffer alone. You may find it beneficial to seek the guidance of an experienced attorney who can help you understand the legal options available and explain how you may be able to proceed with holding the liable parties accountable for your pain and suffering. Medical malpractice claims can be lengthy and complex, but you do not have to walk through the process alone.