Negligence In Louisiana Hospitals And Medical Malpractice
Last updated on November 20, 2024
When improper or negligent care occurs in a hospital, the results can be devastating to the patient and their family. Hospital negligence occurs when a hospital staff member’s act or omission of care falls below accepted medical standards. Sadly, hospital errors are a serious public health problem; according to statistics from the National Library of Medicine, about 400,000 hospitalized patients suffer preventable harm every year.
At Nelson & Hammons, Attorneys At Law, our medical malpractice lawyers have protected victims of medical negligence throughout Louisiana. From our offices in Shreveport and Lafayette, our team pursues medical malpractice lawsuits to ensure that victims of medical errors and mistakes are financially compensated for their injuries. Contact us today to discuss your case.
Types Of Hospital Negligence
Unfortunately, many types of medical negligence cases begin in hospitals. Whether it happens with surgical errors or poor care or while being admitted into a hospital through the chaos of the emergency room (ER), medical issues can result in injury, pain and even death.
Responding To Hospital Negligence
If you suspect that you or a loved one has fallen victim to hospital negligence, taking immediate and appropriate action is crucial. Here are some steps to consider:
- Seek a second opinion from an independent medical professional.
- Keep a detailed record of your symptoms, treatments and any communication you have with hospital staff.
- Request medical records, including lab results and treatment notes, to understand your medical history and identify any discrepancies.
- Work with medical professionals to understand how the injuries occurred and whether they resulted from negligence.
- Avoid speaking with hospital lawyers or representatives until you have secured your own legal counsel.
Taking these steps can help protect your rights and ensure that you receive the care and justice you deserve.
When Can An Illness Be A Sign Of Malpractice?
Not all illnesses acquired in a hospital setting constitute medical malpractice. However, certain conditions may result from negligent hospital practices and could be grounds for a malpractice claim. These include:
- Hospital-acquired infections: Conditions like MRSA (Methicillin-resistant Staphylococcus aureus) or other antibiotic-resistant infections that result from cross-contamination, poor sanitation or improper hygiene practices
- Organ damage: Injuries to internal organs caused by surgical errors, medication mistakes or delayed treatment
- Secondary infections: Infections that develop due to inadequate wound care or compromised immune systems resulting from substandard treatment
- Complications from poor post-operative care: Issues arising from neglect or improper monitoring after surgical procedures, including those due to understaffed hospitals
- Medication errors: Adverse reactions or complications due to incorrect medication administration or dosage
Keep in mind that determining causation can be incredibly difficult without competent legal and medical guidance. However, with thorough investigation and analysis, it can be possible to assess whether an illness is due to negligence.
Vicarious Liability: When A Hospital Is Responsible For Its Medical Staff
If a medical employee, like a doctor or nurse, is performing regular medical job requirements and duties, makes a medical mistake or error and is found to have committed an act of negligence, the hospital or medical facility may be vicariously liable for negligence as well. In other words, if a nurse’s negligence results in an injury to a patient, the hospital may also be liable for medical malpractice. Examples of vicarious liability include:
- Failure to properly monitor or check on a patient
- Failure to respond when a patient calls for help or assistance
- Surgical mistakes or errors
- OB/GYN errors
- Failure to administer the correct dosage of a prescription medication
- Failure to maintain the patient’s medical records properly
At Nelson & Hammons, Attorneys At Law, our attorneys have the resources, knowledge and experience to hold hospitals in Louisiana accountable for the actions of their medical staff and professionals.
Understanding Hospital Negligence: Your Questions Answered
Hospital negligence is a complex issue, and it’s natural to have questions. Here are some answers to common questions about hospital negligence:
How common are medical malpractice issues in a hospital setting?
Medical errors are the third-leading cause of death in the United States, with an estimated 250,000 deaths per year, according to a study by Johns Hopkins. Further, statistics suggest that about seven in 1,000 babies are born with a birth injury, many of which are caused by malpractice or negligence.
Do I have to pay my hospital bill if there is malpractice?
You should not have to pay for medical care that was negligent or substandard, but you will almost certainly be asked to. If you receive a bill, contact the billing department and explain your concerns. Keep the lines of communication open, and don’t ignore your bills. Failing to pay bills can involve collection agencies, potentially affecting your credit rating. If you receive a bill, contact an attorney to file a lawsuit or negotiate with the hospital.
Are doctors the only ones in a hospital who can commit medical malpractice?
No, any hospital staff member, including nurses, technicians and other health care professionals, can commit medical malpractice. That said, surgeons are reportedly the most likely to face a lawsuit.
What are the warning signs of hospital malpractice?
Signs of hospital malpractice can include unexpected changes in your condition, failure to diagnose or treat a condition, and unusual or unexplained injuries or complications. Another red flag can be if doctors or administrators are not responding to your concerns or calls.
Find Out More Today
If you or a loved one has been harmed due to hospital negligence in Louisiana, you want experienced attorneys on your side. Please contact us at our office in Shreveport or Lafayette by calling 318-716-7329 or using our online form to schedule a consultation with one of our lawyers to discuss your case.