Protect Your Rights with Our Lafayette and Lake Charles Medical Malpractice Attorney

Medical malpractice causes some of the most catastrophic and debilitating injuries. Paralysis, brain injury, birth injury, and death, are among a handful of permanent injuries caused by medical negligence. Often, you have a feeling something went wrong but do not know what precisely occurred.

In Louisiana, the legal process for pursuing a medical malpractice case can be complex and overwhelming, making it essential to hire an experienced medical malpractice attorney.

Louisiana medical malpractice is governed by the Louisiana Medical Malpractice Act, and not all personal injury lawyers understand how to properly and strategically litigate cases against healthcare providers. At the Ikerd Law Firm, we can help you find answers as to what went wrong in your care and treatment and whether such bad results are due to medical malpractice.

If you or a loved one has been the victim of medical malpractice in Lafayette, it is important to take legal action as soon as possible.

The Ikerd Law Firm can provide you with the guidance, support, and legal services you need to navigate the legal process and recover the compensation you deserve.


What is Medical Malpractice?

Medical malpractice is a serious issue that affects hundreds (if not thousands) of individuals across the state of Louisiana every year.

Medical malpractice occurs when a healthcare provider fails to provide proper care to a patient, resulting in injury or harm. This can include mistakes made during a medical procedure, misdiagnosis or failure to diagnose a medical condition, and prescribing the wrong medication.

Understanding what constitutes medical malpractice and what rights patients have is crucial in seeking justice and compensation for damages.


Understanding Medical Malpractice: Causes and Consequences

Medical malpractice can occur in a variety of ways, including:

  • Mistakes made during a medical procedure, such as surgery or treatment
  • Misdiagnosis or failure to diagnose a medical condition
  • Prescribing the wrong medication or incorrect dosages
  • Delays in treatment or failure to treat a condition in a timely manner
  • Improperly interpreting or misinterpreting test results
  • Neglecting to obtain an informed consent or explain the risks of a procedure or treatment

Consequences of Medical Malpractice

The consequences of medical malpractice can be devastating and can include:

  • Physical injury or harm, including permanent disabilities or disfigurement
  • Death
  • Increased medical expenses for additional treatments or procedures
  • Loss of income due to time away from work or permanent disabilities
  • Decreased quality of life and decreased ability to participate in daily activities
  • Psychological or emotional trauma and long-term stress and anxiety
  • Emotional distress and trauma


Evidence Needed to Prove Medical Malpractice

Medical malpractice is defined as a failure by a healthcare professional to meet the standard of care that a reasonably prudent healthcare professional would have provided under similar circumstances.

This includes acts of omission or commission, either intentional or unintentional, that result in harm or injury to a patient.

But what is needed to prove your case?

In order to bring a successful medical malpractice lawsuit, the following must be established:

  1. A healthcare professional-patient relationship existed;
  2. The standard of care required of a healthcare provider under the circumstances;
  3. Breach in the standard of care;
  4. That the breach caused injury;
  5. Damages sustained by the injured patient.


Statute of Limitations or Prescription for Medical Malpractice Cases in Louisiana

Medical Malpractice AttorneyTime is not on your side – don’t wait!

In Louisiana, the “statute of limitation” is called “prescription.” They mean the same thing, which is the time limitation you have to file a claim.

In Louisiana, for medical malpractice cases, the prescription is 1 year from the date of the malpractice.

There is an exception called the “discovery doctrine” that allows for more than one year.

Under the discovery doctrine, you may have up to one year from the date you knew or should have known of the malpractice to file a claim.

However, this is limited, and you will NOT be given more than 3 years from the date of malpractice to file suit (even if discovered late).

When you suspect you or your loved one may have been the victim of medical malpractice it is important to obtain a complete set of medical records from the facility or health care provider involved in the subject care and treatment.


Filing a Medical Malpractice Claim in Lafayette and Lake Charles

If you believe that you have been a victim of medical malpractice, it is important to take action to protect your rights.

To file a medical malpractice claim in Lafayette and Lake Charles areas it is important to work with an experienced medical malpractice attorney who can help you navigate the legal process and fight for the compensation you deserve.

Generally, a medical malpractice attorney will review the medical records and speak with a consulting medical expert to determine whether you may have been a victim of medical malpractice.

Seeking Justice and Compensation for Medical Malpractice

If you believe you have been the victim of medical malpractice, it is important to seek legal counsel as soon as possible.

A medical malpractice attorney will be able to review the specifics of your case, gather evidence, and help you navigate the legal process.

By taking legal action, you may be able to recover compensation for damages and hold healthcare professionals accountable for their actions.


Types of Compensation You Can Claim in Louisiana for Medical Malpractice

Doctor covering his face with hand - Ikerd LawIn Louisiana, claims against healthcare providers for medical malpractice are normally subject to a damages cap of $500,000.00 plus past and future medical expenses.

You can claim compensation for the following types of damages in a medical malpractice case:

  • Economic damages: This includes financial losses such as (past and future) medical bills, lost wages, and future earnings
  • Non-economic damages: This includes compensation for intangible losses such as pain and suffering, loss of enjoyment of life, and emotional distress

Additionally, compensation for medical malpractice in Louisiana may also cover the cost of additional medical treatments or rehabilitation, modifications to your home or vehicle, and other expenses related to your injury.

In some cases, compensation may also be available for the loss of companionship and support for the spouse and children of the injured person.

Please bear in mind that each case is unique, and the types and amount of compensation you can claim will depend on the specific circumstances of your injury and the impact it has had on your life.

A qualified medical malpractice attorney can help you evaluate your case and determine the compensation you may be entitled to.


Getting the Representation You Need

Medical malpractice is a serious issue that can have a profound impact on individuals and their families. Hiring experienced Louisiana medical malpractice lawyers is essential in pursuing a successful medical malpractice case and obtaining fair compensation for damages.

By carefully selecting lawyers who possess the necessary qualities, individuals can feel confident in their ability to navigate the legal process and achieve the best possible outcome.

At the Ikerd Law Firm, we do not bring frivolous claims. The practice of medicine is hard and we cannot expect perfect results every time. Doctors are human. As humans, doctors make mistakes. Sometimes those mistakes can cost their patients either life or limb. When those mistakes were preventable but for the malpractice of the doctor or medical professional, like all humans, they should be held accountable.

If you believe you have been the victim of medical malpractice, it is important to seek the advice of a medical malpractice attorney from the Ikerd Law Firm today.

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