When a doctor dismisses your stroke symptoms, the consequences can be devastating. You know something went wrong, but feeling that a mistake occurred is not enough to build a case in Louisiana. You must prove specific legal elements to hold a negligent healthcare provider accountable.
Understanding these requirements is the first step toward seeking justice for the harm you have suffered. A valid stroke malpractice claim must prove all four of the following points.
A doctor’s duty to provide care
First, you must show the doctor owed you a professional duty of care. This element is typically the most straightforward.
When you seek treatment from a physician and they agree to provide care, a formal doctor-patient relationship is formed. This relationship legally obligates the doctor to use a certain level of skill and care.
A breach of the standard of care
Next, you must prove the doctor breached their duty. This means the medical care they provided fell below the accepted standard of care.
In Louisiana, this standard is defined by what a reasonably skilled physician in a similar community would have done under the same circumstances. Rushing an exam or failing to order a CT scan for clear stroke symptoms can be examples of a breach. It shows the doctor did not act as their peers would have.
Causation connecting the error to the injury
Proving an error is not enough. You must also prove causation, which means the doctor’s specific failure directly caused your injury or made it worse. This is often the most complex part of a claim.
For example, you must show that the delay in diagnosis and treatment led to more significant or permanent brain damage than would have occurred with prompt and proper medical attention.
Specific damages from the harm
Finally, you must demonstrate that the injury resulted in specific, compensable damages. These are the documented losses you have suffered due to the doctor’s negligence.
Damages may include:
- Additional medical bills
- Lost wages and future earning ability
- Physical pain and emotional distress
- Permanent disability
While these elements establish the full extent of your losses, it is crucial to note that Louisiana law caps the total recovery in most medical malpractice cases at $500,000, plus future medical care and related benefits.
How an attorney investigates your claim
Proving these four elements requires a thorough investigation into your medical records. An attorney will often work with independent medical experts to review your case.
These professionals can help determine if the standard of care was breached and how that failure led to your injuries. If you believe you or a loved one suffered due to a missed stroke diagnosis, consider speaking with a medical malpractice lawyer to understand your options.