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When Medical Mistakes And Treatment Errors Equate To Medical Malpractice

Last updated on February 12, 2025

Whenever we get injured or sick, the doctor is supposed to do their very best to help us get better, using their experience and medical expertise to diagnose us and choose the best available treatment. So when your doctor fails to give you the level of treatment you deserve because of negligence, it is more than bad luck for you. It is an injustice that can only be rectified through legal action.

Nelson & Hammons, Attorneys At Law, was founded in 1977, and our attorneys exclusively represent clients in Louisiana who are pursuing claims for medical malpractice and negligence. With offices in Shreveport and Lafayette, our medical malpractice lawyers represent patients who have been injured because of medical treatment errors. Contact us today for a free case evaluation.

When Doctors Make Mistakes With Treatment Plans

Mistakes and errors in medical treatment plans can be detrimental when obtaining the proper care for an injury, ailment or illness. Whether you are undergoing surgery or receiving a simple prescription from your doctor, the wrong treatment can be devastating to your health. Treatment errors can include:

As with all medical malpractice claims, treatment errors are considered a basis for a valid medical negligence claim. But patients can only seek compensation for damages when the mistake results in injury or harm. Taking the wrong medication but not having any adverse effects is not a reason to sue your physician. However, if taking the wrong medication allows your ailment to become worse or the wrong medication causes you harm, then you may have a medical malpractice claim that is based on medical treatment error.

The Difference Between Poor Results And Treatment Errors

Getting an undesirable result from your treatment plan is not considered an actual error. When a physician prescribes a treatment that is the standard method of treating your illness but the treatment does not work for you, it doesn’t mean that there was an error in your treatment plan. Sometimes, prescribed treatments work differently for different patients. Even treatments that are reliable and have high success rates will still have some rate of failure.

Four Signs You Or A Loved One Is The Victim Of Treatment Errors

Things to watch out for that could be the result of treatment mistakes by your doctor, nurse or other health care provider include:

  • Your condition does not improve as expected or get inexplicably worse
  • The hospital or other medical facility you are getting treatment at is understaffed
  • Your doctor refuses to answer questions about your care or address your concerns
  • Another doctor gives you a second opinion that is very different than what your original doctor told you

While there could be reasonable explanations for these experiences, they are often warning signs of medical malpractice that you should discuss with an attorney.

Treatment Errors FAQs

Read on for general answers to some common questions our clients have about treatment errors and medical malpractice.

What causes treatment errors?

Negligence at any phase of medical care can put your health in danger. At the treatment stage, this can happen due to a doctor’s or nurse’s inexperience, inadequate staffing at the hospital or clinic where you are being treated, or inattention from the medical staff during treatment administration.

What are the most common treatment errors?

Some of the most common treatment errors include medication errors, which include mistakes like prescribing an inappropriate medication, prescribing the wrong dosage or errors during administering the drug. Other treatment errors include negligent misdiagnosis or failure to diagnose and surgical errors.

Can someone die from a treatment error?

Sadly, yes. Though the exact figure is not certain, thousands of Americans die in hospitals every year because of a treatment error. Many more survive, but long-term or permanent disability requires further treatment.

How long does it take to file a medical treatment error lawsuit?

This is complicated by Louisiana law, which requires you to submit a claim to a medical review panel before you can file suit, unless the defendant agrees to waive this step. The panel can take up to a year to issue its decision.

What Steps Should You Take After An Anesthesia Error?

It makes a difference to take proactive the moment you suspect an error occurred during or after anesthesia administration. In fact, this is the first step in affirming your rights and health protection.

  • Start by requesting your complete medical records from the hospital or health care provider. These documents may provide insight into what happened and serve as evidence in a potential case. Louisiana law requires health care providers to furnish complete medical records within 15 days of your written request; you should obtain these records immediately to preserve crucial evidence of the error.
  • Next, consider seeking a second opinion from another medical professional. A new evaluation can confirm whether an error occurred, its impact on your health and the necessary steps to address it.
  • File a formal complaint with the hospital’s patient advocacy office to establish an official incident record to initiate an internal investigation, which might uncover negligence or systemic issues that contributed to the error.
  • Decline conversations with hospital insurance representatives or risk management teams before consulting a lawyer. Their primary duty is to the hospital, not to your well-being.
  • Never sign documents or accept settlement offers without legal review, as these often fail to address the full scope of anesthesia-related injuries.

All in all, engaging our legal assistance early in the process can help ensure your case is built on a strong foundation. Remember that time is of the essence, as filing deadlines for malpractice claims are strictly enforced.

How A Settlement Can Support Your Recovery

An anesthesia error settlement must address both immediate and long-term impacts on your life. Your settlement should secure resources for:

  • Future medical care: Many anesthesia complications require ongoing treatment, including follow-up surgeries, specialist visits and rehabilitation services
  • Therapeutic support: Physical and occupational therapy to restore function, plus counseling to address trauma from the medical error
  • Adaptive equipment: Coverage for necessary mobility aids, medical devices and home modifications to support your recovery
  • Lost income recovery: Compensation for lost wages, diminished earning capacity and career impacts caused by the anesthesia error
  • Life impact compensation: Financial recognition of physical pain, emotional distress and changes to your daily life.

Through collaboration with medical experts, we establish the long-term inference of anesthesia errors and secure settlements that provide comprehensive support for your recovery journey. Our track record of securing millions for our client’s damages says it all.

Strict Deadlines Apply. Call Today.

Strict filing deadlines apply for medical malpractice lawsuits. Call us today at 318-716-7329 or send an email through our online form to schedule a free consultation and case assessment. Our lawyers look forward to answering any questions you may have and talking to you more about your potential case.