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Offices4608 Rye St Metairie, LA 70006
PRACTICE AREASMedical Malpractice Attorney – Slidell & Metairie
When you seek medical care, you trust doctors, nurses, hospitals, and other healthcare professionals to provide appropriate treatment. Unfortunately, medical errors and negligence can sometimes result in serious injuries, complications, or even death. Medical malpractice may occur when a healthcare professional fails to meet the accepted standard of care and that failure causes harm to a patient. At Frank D’Amico, Jr., we work to protect the rights of individuals and families affected by medical negligence and help pursue compensation for medical expenses, lost income, pain and suffering, and other damages.
Common Causes of Medical Malpractice
- Misdiagnosis or Delayed Diagnosis – Failing to correctly identify a medical condition or delaying a diagnosis can prevent a patient from receiving timely treatment.
- Surgical Errors – Mistakes during surgery, including operating on the wrong site or leaving surgical instruments inside a patient, can result in serious harm.
- Medication Errors – Prescribing the wrong medication, incorrect dosage, or failing to recognize potentially dangerous drug interactions can cause injury.
- Birth Injuries – Mistakes during pregnancy, labor, or delivery can cause serious injuries to a mother or newborn.
- Anesthesia Errors – Improper administration or monitoring of anesthesia can result in serious complications, including brain injuries and other life-threatening conditions.
- Failure to Monitor a Patient – Healthcare providers may fail to recognize or respond appropriately to changes in a patient’s condition.
- Emergency Room Errors – Delays, missed diagnoses, or other negligent treatment in an emergency setting can worsen a patient’s condition.
- Hospital-Acquired Infections – Inadequate sanitation, infection control, or other failures may contribute to preventable infections.
- Failure to Obtain Informed Consent – Patients generally have the right to understand the risks and alternatives associated with significant medical procedures and treatments.
- Negligent Follow-Up Care – Failing to provide appropriate follow-up treatment or instructions can result in complications or additional injuries.
Frequently Asked Questions
What is medical malpractice?
Medical malpractice generally occurs when a healthcare professional’s negligent act or failure to act falls below the applicable standard of care and causes injury to a patient. Not every medical error or unfavorable outcome constitutes malpractice, so the specific facts and medical evidence must be carefully evaluated.
How do I know if I have a medical malpractice claim?
If you believe a healthcare provider made an error that caused you additional injury or harm, you may have a claim. Medical malpractice cases often require a detailed review of medical records and other evidence to determine whether the appropriate standard of care was followed.
What types of damages can I recover?
Depending on the circumstances of your case, you may be able to seek compensation for medical expenses, future medical treatment, lost wages, loss of earning capacity, pain and suffering, emotional distress, and other losses resulting from the medical negligence.
What should I do if I believe I was a victim of medical malpractice?
Continue receiving any necessary medical care and keep copies of your medical records, bills, prescriptions, test results, and other documentation. You should also speak with an attorney before making decisions about a potential malpractice claim.
Does a bad medical outcome mean malpractice occurred?
Not necessarily. Medical treatment can involve known risks and complications, and not every unsuccessful outcome is caused by negligence. A medical malpractice claim generally requires evidence that the healthcare provider failed to meet the applicable standard of care and that the failure caused injury.
Can I file a claim for a misdiagnosis or delayed diagnosis?
A misdiagnosis or delayed diagnosis may support a medical malpractice claim when a healthcare provider’s negligence caused additional harm that could have been avoided with appropriate care. The medical circumstances and applicable legal standards must be carefully reviewed.
What if my loved one died because of medical negligence?
If medical negligence contributed to the death of a loved one, certain family members or representatives may have the right to pursue a wrongful death claim, depending on applicable law. Frank D’Amico, Jr. can review the circumstances and explain the legal options that may be available.
How long do I have to file a medical malpractice claim?
Medical malpractice claims are subject to specific legal deadlines, which vary depending on the applicable law and circumstances of the case. Because these deadlines can be strict, it is important to speak with an attorney as soon as possible.
Do I need an attorney for a medical malpractice case?
Medical malpractice claims can be complex and often require extensive medical records, expert review, and evidence concerning the appropriate standard of care. Frank D’Amico, Jr. can evaluate the circumstances of your case, help determine whether negligence may have occurred, and pursue the compensation you may be entitled to receive.