Representing Victims Of Medical Malpractice And Negligence In Louisiana

Last updated on March 10, 2025

When you go to the doctor or hospital for help, medical professionals are supposed to help you get better, not make your condition worse. Founded in 1977, our team at Nelson & Hammons, Attorneys At Law, has handled hundreds of medical malpractice and nursing home negligence cases annually for over 40 years. With offices in Shreveport and Lafayette, our attorneys help clients throughout Louisiana who have been injured by the negligence and medical malpractice of doctors and medical professionals.

Effectively Handling All Types Of Medical Malpractice Cases

Our lawyers at Nelson & Hammons, Attorneys At Law, have extensive knowledge and experience and have developed a system for thoroughly and effectively handling these unique types of malpractice and negligence cases to recover damages on behalf of our clients.

Louisiana medical malpractice laws contain many “traps” that make it critically important for patients and families who believe they are victims of medical malpractice and nursing home negligence to retain malpractice lawyers who have the training and experience to handle these complicated cases.

Delay or failure to diagnose: Many diseases and medical problems require early detection and treatment to prevent further injury or illness. When you have symptoms or signs of a medical problem, it is in your best interest to see a doctor to get a diagnosis of your symptoms so you can get treatment. When that doctor delays or fails to diagnose your illness, it can be tragic.

Surgical errors: Needing to have surgery can be frightening, but the hope of a positive outcome to correct a medical condition is often worth the ordeal. Surgeons can perform amazing feats through surgery that can be beneficial, but they can also make surgical mistakes and errors.

Birth injuries: The delivery of a child should be one of the happiest moments in your life. Even with the pain and discomfort of childbirth, it is still a miraculous event that most women and families cherish. Unfortunately, for some, this moment is tarnished when they find that a birth or labor and delivery injury that could have been prevented occurred during delivery.

Nursing negligence: Nursing negligence can occur in a variety of settings, including during hospital stays, in nursing homes and during in-home care. Nurses are negligent when they do not perform required and necessary duties at the expected level of competence for the position. This can be considered the responsibility of the nurse, the overseeing physician or the facility the nurse works for, depending on the circumstances.

Hospital negligence: When negligence in hospitals occurs, you and your loved ones may be entitled to compensation for the injuries that were caused. At Nelson & Hammons, Attorneys At Law, we will help you investigate and pursue your potential claim when hospital negligence happens to you or someone you love.

Treatment errors: When you have a serious medical issue, you rely on medical professionals to diagnose and give you the appropriate treatment. However, when either a poor diagnosis or incorrect treatment occurs that causes you injury, you may be a victim of medical negligence. Our team has spent decades fighting for the rights of patients who have suffered due to medical malpractice, including treatment errors.

Lack of informed consent: Treatment plans should be a decision that doctors and patients make together, discussing the success rates and possible risks, to choose the best treatment for the patient. This is also referred to as informed consent in the medical and legal fields. When this important discussion does not occur, and the patient is not aware of all the facts regarding a proposed treatment, that patient might consent to a treatment that has higher risks than they realized. This is a lack of informed consent, and it can be medical malpractice.

When Is A Mistake Malpractice?

Not all poor medical results are indications of medical malpractice. Risks and complications, like adverse drug reactions or poor surgical outcomes, can occur even with proper care.

Still, some acts are so far outside accepted health care standards that they are automatically deemed medical malpractice. For instance, operating on the wrong patient or body part is typically a clear example of malpractice.

But what about situations where the issues are not so clear? It all comes down to whether or not the medical provider failed to meet a certain standard of care. What confuses many people, however, is that the acceptable standard of care varies from situation to situation. The standard of care is defined by what a similarly trained professional would do under the same circumstances.

For example, a specialist in a major hospital who has access to the best diagnostic equipment in the country would likely be held to a much higher standard of care than a rural doctor in an underfunded clinic.

Medical mistakes that may be malpractice include things like:

• Failing to listen to a patient’s concerns about their condition or failing to recognize that the patient’s condition is deteriorating
• Failing to check for potential drug interactions by taking a full patient history
• Administering too much or too little anesthesia or failing to monitor a patient properly while they were under anesthesia
• Causing unintentional damage to a patient’s organs or nerves due to a slip of the hand during surgery
• Delaying a diagnosis until the patient suffers additional harm, their condition permanently worsens or they lose their last clear chance for recovery
• Continuing a treatment plan that is not working or causing additional harm

Do not assume the incident that harmed you or your loved one is not medical malpractice. Instead, take your story to an experienced medical malpractice lawyer to see if you may be entitled to compensation. If you are hesitant to address the issue with your medical provider, our lawyers can help you understand the situation and your options.

Understanding Medical Malpractice In Louisiana

Unfortunately, the cards are stacked against victims of medical malpractice and nursing home negligence in our state of Louisiana. Doctors, hospitals, nurses, nursing homes and other health care providers are given an extraordinary level of protection by Louisiana state laws. For example:

• There is a cap on damages of $500,000 plus medical bills and possibly future medical bills on medical malpractice and nursing home negligence cases in Louisiana.
• Before a lawsuit can be filed in court, the case must be presented to a medical review panel made up of three physicians who review the case and render an opinion.
• Medical malpractice cases must be brought within one year of either the date of malpractice or the date the patient or their family “discovered” the malpractice and no more than three years after the date of the malpractice.

At Nelson & Hammons, Attorneys At Law, we are committed to helping patients and families who are victims of medical malpractice and nursing home negligence to overcome these obstacles.

Our lawyers understand that if you are considering a claim for medical malpractice, then you probably have a lot of questions. Some of the most common questions are addressed by our lawyers on our Frequently Asked Questions page. Our lawyers also offer free, initial consultations to answer any specific questions you may have.

Frequently Asked Medical Malpractice Questions

At Nelson & Hammons, Attorneys At Law, our medical malpractice attorneys prioritize clarity with our clients. We want you to feel informed every step of the way. Below we have collected some of the most common questions we receive from clients to provide you with answers that may ease some of your most pressing worries. For further questions or if you’d like to consult with our attorneys, call us at 318-716-7329 or send us an email online.

How long does a medical malpractice case take?

As every medical malpractice case is different, there is no simple answer to this question. On average, however, medical malpractice cases can take anywhere between two to five years to reach a satisfactory settlement. Many factors can impact the length of time it takes to finalize a case, including:

• The timing of the incident
• The location of the incident
• The complexity of the medical issues involved in the claim
• The number of the parties involved in the case
• The amount of evidence and discovery needed, including witnesses
• The efficiency of the court where the claim was filed

An attorney who is familiar with this process can help you stay informed every step of the way and provide you with updates on the progress of your case as they occur.

Can I go see a new doctor?

If you believe your primary medical provider has made a mistake that has caused you further harm, you are well within your rights to seek a second opinion. Another doctor’s opinion on your condition can provide you with clarity during a confusing time. They may also provide you with the right treatment if you no longer feel safe in the hands of your primary doctor. A second opinion can also provide evidentiary support if you choose to file a medical malpractice claim.

What can I get as part of my compensation?

Medical malpractice claims help you seek compensation for economic and noneconomic damages. Economic damages are any financial losses you may have suffered due to the incident and may include:

• Current and future medical expenses
• Lost wages
• Loss of earning capacity

Noneconomic damages cover the impact the incident may have had in other areas of your life that aren’t quantifiable, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disability

Fair compensation will take into consideration the full extent of how the malpractice affected your life and may do so in the future.

Who decides if the doctors or nurses committed malpractice?

Medical malpractice is determined through the legal process. The victim of the malpractice will need to provide sufficient evidence that the following occurred:

• The health care professional owed a duty of care to the patient
• There was a breach of that duty of care
• The breach of duty resulted in an injury or illness
• The resulting injury or illness caused significant damage to the patient

By proving these elements either through negotiating settlements or in court, you can successfully hold a negligent medical professional accountable for malpractice.

Schedule A Free Consultation Today

We recognize that you have many choices when selecting an attorney. Our attorneys are committed to representing all our clients to the best of their abilities and strive to treat each of our clients the way they would want to be treated in the same situations. It would be our honor to provide representation to you. If our team can be of service, please do not hesitate to get in touch by either calling us at 318-716-7329 or toll-free at 318-716-7329 or scheduling a free consultation online today.