Nelson & Hammons, Attorneys at Law 2026-07-23T13:42:23Z https://www.nelsonhammons.com/feed/atom/ WordPress /wp-content/uploads/sites/1203471/2023/06/cropped-site-icon_favicon-32x32.png On Behalf of Nelson & Hammons, Attorneys At Law <![CDATA[How can you prove hospital negligence in Louisiana?]]> https://www.nelsonhammons.com/?p=51453 2026-07-20T13:45:28Z 2026-07-23T13:42:23Z Establishing the hospital's duty of care The first step involves showing that the hospital owed you a duty of care. This duty begins when you become a patient. Louisiana hospitals must provide safe facilities, properly trained staff, adequate staffing and effective safety procedures. This responsibility extends beyond doctors. Hospitals also manage nursing care, equipment safety, sanitation and administrative decisions that affect patient care. You can gather admission records, consent forms and hospital policies to show the hospital’s role in your treatment. responsibility during your treatment.

Showing how the hospital failed to meet its duty

After you show the hospital had a duty of care, you must identify how it failed to meet that duty. Hospital negligence may involve:
  • Hiring unqualified staff
  • Failing to supervise employees
  • Using unsafe medical equipment
  • Ignoring known safety hazards
  • Providing inadequate staffing that leads to delayed care or medication errors
Review whether the hospital followed its own procedures and accepted safety practices. For example, a hospital may require regular patient monitoring but fail to follow those rules. Staffing records, maintenance reports, incident reports and internal communications may help show where the hospital failed. You should also look for repeated safety issues. A pattern of problems may reveal larger concerns with hospital practices.

Establishing the connection between the failure and your injuries

One of the most difficult parts of these cases involves showing that the hospital caused your injuries. You must show that the hospital’s actions, rather than your existing condition or another cause, led to your harm. Medical experts often help explain this connection. They can review your medical history and explain how the hospital’s actions affected your health. Collect medical records from before, during and after your hospital stay. These records can show changes in your condition and help explain what happened.

Building your case with strong evidence

In Louisiana, medical malpractice claims generally require review by a Medical Review Panel before you can file a lawsuit in court. Strong evidence can help support your claim. This evidence may include:
  • Medical records, billing statements and hospital accreditation reports
  • Photos of injuries or unsafe conditions
  • Witness statements and communications with hospital staff
  • Employee records
  • Training documents
Keep detailed records of your damages, including medical costs, lost income, pain and suffering and future care needs. Louisiana law generally requires medical malpractice claims to be filed within one year of the alleged malpractice or within one year of discovering the injury. However, claims generally cannot be filed more than three years after the date of the incident.

Protecting your interests after experiencing hospital negligence

If you believe hospital negligence caused your injuries, taking action early can help protect your claim. Collect medical records, document your injuries and track expenses related to your care. These actions can help you review what happened, prepare for possible deadlines and protect your interests.]]> On Behalf of Nelson & Hammons, Attorneys At Law <![CDATA[Poor monitoring and delayed responses can lead to birth injuries]]> https://www.nelsonhammons.com/?p=51443 2026-05-21T16:01:20Z 2026-05-21T16:01:20Z When a woman goes into labor, she usually expects to have a relatively uneventful delivery – and most do. Unfortunately, some births don’t go as planned, and the mother, the baby or both can end up with debilitating injuries. Proper monitoring of the mother and baby is critical during labor and delivery. While not every birth injury is the result of medical negligence, improper monitoring or slow response times to problems can be signs of negligence and medical malpractice.

Birth injuries vary greatly

Birth injuries vary greatly from minor bruising or swelling to serious harm that can affect the baby for life. Some newborns suffer from fractures, nerve injuries or trauma related to a difficult delivery. Other injuries are related to a lack of oxygen during labor or delivery. Complications like uterine ruptures, seizures and strokes can affect the mother, as well. Some birth injuries are noticed immediately, but the effects may still be significant. Parents may not understand the severity of a child’s injuries until the child starts growing and maturing, particularly with conditions like cerebral palsy. 

When medical teams miss warning signs

There are several signs that doctors and nurses should watch for when they’re monitoring a woman and baby during labor and delivery. Signs they’re looking for include changes to the fetal heart rate, prolonged labor, abnormal positioning of the baby, problems with the umbilical cord or other delivery complications. Delayed responses can increase the risk of harm to both patients, so proper monitoring and prompt action are critical.  Medical teams can’t stop monitoring after the birth, either. They should be on the lookout for signs like breathing problems, seizures, weak muscle tone, limited arm movements, feeding issues and unusual alertness. All of those can point to a medical issue that requires immediate attention.  When birth injuries occur, the parents may opt to pursue a legal claim. Outlining the difference between medical negligence and an unavoidable complication often depends on the medical records. Having access to delivery notes, fetal monitoring strips, evaluations and follow-up records can be beneficial. Because these cases are so complex, legal guidance is necessary to evaluate claims, secure documentation and pursue appropriate compensation. ]]> On Behalf of Nelson & Hammons, Attorneys At Law <![CDATA[3 common and concerning radiology errors]]> https://www.nelsonhammons.com/?p=51440 2026-05-07T01:21:11Z 2026-05-07T01:21:11Z 1. Under-reading Radiology error research identifies under-reading as the most common form of mistake made during diagnostic imaging and analysis. Under-reading, also known as perceptual errors, involves the failure to notice an abnormality. Both visual fatigue and the lack of images from multiple angles can prevent a radiologist from identifying abnormal tissue and recommending additional testing.

2. Cognitive errors

In some cases, radiologists identify issues visually but then fail to properly classify them when reviewing and considering the abnormality found. An example might be a radiologist concluding that a patient has pneumonia when they are actually in the early stages of lung cancer development. Reaching the wrong conclusion after identifying abnormalities in imaging tests can result in diagnostic delays that reduce treatment options and worsen a patient's prognosis.

3. Satisfaction of search errors

When there is an obvious issue in the images produced, a radiologist may focus on that one, seemingly primary issue. They may then feel as though they have identified the issue, leading to them feeling as though they have "satisfied their search requirements and reached an accurate conclusion. They could overlook smaller abnormalities that could alter their diagnosis or might present a completely different medical issue for the patient. When radiologists make mistakes, a patient in their care doesn't receive the treatment they require or a diagnosis quickly enough to ensure the best possible medical outcome. Both patients and grieving families affected by significant diagnostic errors may have grounds for a medical malpractice lawsuit. Reviewing imaging test results with a skilled legal team to determine if another professional could have accurately diagnosed the patient is often a key step when dealing with the aftermath of a diagnostic failure.]]> On Behalf of Nelson & Hammons, Attorneys At Law <![CDATA[How medication reconciliation errors can cause complications]]> https://www.nelsonhammons.com/?p=51420 2026-03-25T14:11:15Z 2026-03-25T14:08:15Z Omissions of chronic medications A provider might fail to list a patient's current heart or blood pressure pills during hospital intake. This error can cause a "rebound effect" where the body reacts violently to the sudden lack of medicine. Such a mistake can happen when intake staff do not spend enough time talking to the family or checking pharmacy records.

Dangerous doubling of therapy

In addition, a provider may accidentally prescribe a new drug that performs the exact same function as an existing one. A redundant and risky prescription can be due to a failure to recognize that a patient already takes a similar drug. This creates a "double dose" scenario that may lead to internal bleeding or organ failure.

Failure to spot drug interactions

Further, a toxic interaction can occur when a new medicine stops an old one from working or makes it poisonous. For example, some antibiotics can raise blood thinner levels to lethal stages. When a provider ignores medication reconciliation, they put the patient at an unnecessary and extreme risk of injury.

Misalignment during hospital transfers

An error can also happen when a patient moves from the emergency room to a surgical ward. For instance, a provider may accidentally restart a drug that the ER doctor specifically stopped due to an adverse reaction. This transition gap may stem from poor communication between different medical departments. Thus, the reconciliation process must account for what the patient received in the ER versus what they need on the floor.

Seeking justice and recovery

A medication error can change a life in an instant. When such an oversight is the result of medical negligence, the process of pursuing fair compensation can feel overwhelming. With legal counsel, a patient who has suffered due to medical malpractice may receive guidance for fighting for their rights and seeking justice and recovery.]]> On Behalf of Nelson & Hammons, Attorneys At Law <![CDATA[Medical malpractice in Louisiana: deadlines, damage limits and proof]]> https://www.nelsonhammons.com/?p=51416 2026-01-29T05:24:11Z 2026-01-29T05:24:11Z The strict timeline: the statute of limitations In Louisiana, the deadline starts right away. Under the law, you usually have one year from the date of the alleged malpractice to file a claim. The state also follows a “discovery rule”, which allows you to file within one year of when you should have discovered the injury. But there is a hard final deadline of three years. If more than three years have passed since the event, the claim is permanently blocked, even if you found out later.

The three pillars of negligence

To succeed in a claim, Louisiana law requires the plaintiff to prove three specific elements:
  • Standard of care: What a reasonable healthcare provider in the same field would have done in the same situation
  • Breach of duty: The provider did not meet that standard
  • Causation: The injury happened because of that failure, not because of an existing condition or an unavoidable complication
While this usually applies to physicians, the law also includes dentists, optometrists, or chiropractic practitioners.

The medical review panel

Before you can file a lawsuit in court, most cases must first go to a medical review panel. This group has three doctors and one attorney who leads the process but does not vote. Together, they look at the evidence and decide whether the provider followed the standard of care. Their decision is not final, so you can still go to court if they decide against you. However, the decision can be used as evidence in court and often carries significant weight.

The $500,000 damage cap

One controversial part of Louisiana law is the cap on damages. Under the Medical Malpractice Act, the most a patient can receive for “general damages” (pain, suffering, and disability) is $500,000, plus future medical costs. A doctor is only responsible for the first $100,000. Any amount above that, up to $500,000, is paid by the Louisiana Patient’s Compensation Fund (PCF). Louisiana has a short deadline to file and requires a review process, so it is very important to act early after a medical error. Contact a lawyer and do not navigate this alone.]]> On Behalf of Nelson & Hammons, Attorneys At Law <![CDATA[How does informed consent work?]]> https://www.nelsonhammons.com/?p=51413 2025-12-15T16:54:58Z 2025-12-15T16:54:00Z consent is the process by which a health care provider explains the risks, benefits, and alternatives of a proposed treatment or procedure. It is meant to better ensure that patients make well-informed decisions about their healthcare. A patient can hold a health care provider that moves forward with a procedure without receiving proper consent liable if the procedure results in injury. To establish a lack of consent, a victim must generally establish the following:
  • Failure to inform: The health care provider did not adequately inform the patient about the risks, benefits, or alternatives of the treatment.
  • Material risk: The risk was significant enough that a reasonable person would have considered it important in making a decision.
  • Causation: The lack of informed consent directly led to harm or injury that the patient suffered.
  • Patient decision: Had the physician provided the patient with the information, they would have likely chosen a different course of action.
Each of these elements plays a critical role in building a strong case.

How does a patient build a case?

Patients need to gather evidence to build the case. Collect all medical records, consent forms, and any written communication between the patient and health care provider. These cases also often require expert testimony. This involves a medical expert who can testify about the standard practices for informed consent and whether the medical team followed these expectations. Informed consent is a cornerstone of patient rights and medical ethics. When a medical professional fails to ensure a patient is fully informed before moving forward with a procedure or treatment, it can lead to devastating outcomes. Understanding the elements of a lack of consent claim and the steps to build a strong case are essential for victims seeking justice. By focusing on thorough documentation and expert testimony, victims can work their way through the complexities of medical malpractice litigation and hold the responsible party accountable for the costs that result from their error.]]> On Behalf of Nelson & Hammons, Attorneys At Law <![CDATA[4 elements of a stroke malpractice case in Louisiana]]> https://www.nelsonhammons.com/?p=51410 2025-10-17T10:35:09Z 2025-10-17T10:35:09Z 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.]]> On Behalf of Nelson & Hammons, Attorneys At Law <![CDATA[Critical steps after a diagnostic error in Louisiana]]> https://www.nelsonhammons.com/?p=51409 2025-10-15T21:18:12Z 2025-10-15T21:18:12Z Defining diagnostic mistakes The National Institutes of Health (NIH) reports nearly 800,000 Americans die or become permanently disabled each year due to these errors. Diagnostic failures usually fall into one of three critical categories. Each type can lead to severe injury or death:
  • Failure to diagnose: This occurs when your provider completely misses a condition, despite your symptoms or test results indicating its presence. For example, they might ignore a visible mass on a scan, allowing cancer to grow unchecked.
  • Misdiagnosis: Here, your doctor diagnoses you with the wrong illness, which results in incorrect treatment and delays the vital care you truly need. A typical example is mistaking life-threatening heart attack symptoms for simple acid reflux.
  • Delayed diagnosis: In this situation, the correct diagnosis is eventually found, but only after a significant delay, which can worsen your outlook and make your necessary treatment much less effective, such as waiting six months to diagnose an aggressive tumor.
For any of these to be medical malpractice, the provider’s actions must have violated the accepted "standard of care."

When care falls short

Bringing a medical malpractice claim requires you to prove four essential elements that your care fell below the legal standard:
  1. A doctor-patient relationship existed.
  2. The doctor failed to act as a reasonably competent provider would have under the same circumstances.
  3. This failure directly led to your injury or made your existing condition worse.
  4. You suffered measurable losses, such as new medical bills or lost wages, because of the injury.
Because medical issues are complex, you must get supporting testimony from other medical professionals to prove a breach of the standard of care.

Taking action in Louisiana

If a diagnostic error harms you or a loved one, you need to act quickly. Louisiana law sets strict deadlines and requirements you must follow. Vital steps include:
  • Securing medical records: Immediately gather all records related to your original diagnosis and the subsequent treatment you received.
  • Consulting an attorney promptly: Louisiana law sets a one-year statute of limitations from the date of the “alleged act, omission, or neglect,” or one year from the date of discovery, and an absolute three-year statute of repose from the date of the act. Critically, the one-year prescriptive period is legally suspended (tolled) from the date a request is filed with the medical review panel (MRP) until 90 days after the panel issues its opinion.
In Louisiana, filing a claim with the MRP is a mandatory procedural step for all malpractice lawsuits against a qualified health care provider, unless the provider agrees to waive the panel review. This step must be completed or waived before a civil lawsuit can proceed in court. The clock on your claim is running, so do not wait to seek legal help. Medical malpractice cases are incredibly complex and heavily defended by health care organizations and their insurers. A skilled medical malpractice attorney is essential to receive the compensation and justice you deserve.]]> On Behalf of Nelson & Hammons, Attorneys At Law <![CDATA[3 ways health care providers can cause birth injuries]]> https://www.nelsonhammons.com/?p=51408 2025-09-07T17:23:35Z 2025-09-12T17:22:31Z 1. Insufficient fetal monitoring Women going through labor can report changes in their condition to nurses and doctors. They can speak up about their pain or their sense of dizziness. Unborn infants have no means of communicating with the outside world. The only way to detect fetal distress before something goes horribly wrong is typically through fetal heart rate monitoring. Best practices for labor and delivery require consistent fetal heart rate monitoring throughout the active labor process. Failing to use fetal heart rate monitors or to respond to signs of distress can lead to preventable, potentially catastrophic birth injuries.

2. Selecting the wrong intervention

Although labor often progresses naturally, issues can arise. Health care professionals need to move quickly when there are signs of risk to the mother or the unborn child. Choosing the right interventions is of the utmost importance. If physicians use the wrong types of treatment, such as drugs not approved for administration during pregnancy and labor, the results can prove tragic.

3. Making mistakes during interventions

Appropriate birth interventions require appropriate planning by a physician. In some cases, they can use drugs to speed up the labor process. Medications can help intensify contractions or assist with the dilation of the cervix. Other medications may help a woman relax by alleviating her pain, thereby making it possible for her to proceed with the delivery. During vaginal delivery, physicians may use interventions, including specialized vacuum systems and forceps. Improperly administering interventions can lead to injuries such as damage to the neck or eye injuries for the infant. Mistakes during interventions can also cause injury to the mother, such as excessive tissue damage and blood loss. Identifying choices that may have caused birth injuries could help families seek justice. A medical malpractice lawsuit could compensate families for medical expenses and other economic consequences that arise because of preventable birth injuries.]]> On Behalf of Nelson & Hammons, Attorneys At Law <![CDATA[How misdiagnosis can harm patients]]> https://www.nelsonhammons.com/?p=51407 2025-09-07T17:21:34Z 2025-09-07T17:21:34Z Unnecessary interventions A misdiagnosis may lead to a doctor recommending an unnecessary and inappropriate course of treatment. Every form of medical treatment comes with a degree of risk. Misdiagnosis could lead to a patient taking medications that cause major side effects. Misdiagnosis might also result in a physician recommending surgical intervention. Undergoing an unnecessary surgery could lead to a variety of complications, such as a poor response to anesthesia or a postoperative infection that does not respond to antibiotics.

Delays in necessary care

Not every misdiagnosis results in a treatment plan. If a doctor concludes that a patient has an infection or injury that is likely to resolve on its own, they may not order treatment at all. However, if the patient actually has a more serious medical condition, such as lung cancer misdiagnosed as a respiratory infection, they may not get the treatment that they require for their health and safety. A delay in treatment may reduce the options available to a patient. They may have to undergo more aggressive and invasive treatment with a longer recovery timeline. Other times, delays in treatment caused by misdiagnosis may ultimately result in people dying from conditions that might have responded to timely treatment. Patients dealing with significant medical setbacks and grieving families may be able to hold doctors accountable for diagnostic errors. Initiating a medical malpractice lawsuit could lead to financial compensation for the consequences of misdiagnosis.]]>