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Medical Malpractice Lawyer

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Medical Malpractice Lawyer in Lafayette and Metairie

The medical malpractice lawyer of The Law Offices of Blaine J. Barrilleaux has been assisting injury victims in Metairie, Lafayette, and the surrounding counties and areas for nearly 20 years. Our attorneys handle a variety of complex medical malpractice claims to help victims and their families recover compensation when doctors and health care providers are negligent or make tragic mistakes.

If you or a family member is the victim of medical malpractice, contact our office to schedule a free case review with an experienced Lafayette medical malpractice lawyer.

You are Owed a Duty of Care

When you seek treatment from a medical or health care provider, the provider owes you a duty of care to provide treatment that meets or exceeds the industry’s standard of care. When a doctor breaches his duty of care, the results can negatively impact your life forever. Not every tragic or unpleasant outcome is the result of medical malpractice, medical errors and mistakes committed by a health care professional. However, even the slightest possibility of malpractice should be investigated.

A Metairie medical malpractice lawyer investigates the circumstances surrounding your injury to determine if the care you received was not in accordance with the generally accepted standards of medical care. If the health care professional or the health care facility failed to meet the standard and the failure resulted in injury or death, the responsible party or parties must be held accountable.

Medical malpractice claims benefit all patients because it forces doctors and other medical providers to recognize their duty to their patients. Medical malpractice lawsuits can help reduce the number of claims by discouraging health care professionals from taking shortcuts or providing substandard care.

Examples of health care professionals that could be held liable for medical malpractice include:

  • Surgeons
  • General practice physicians
  • Nurses
  • Emergency room personnel
  • Anesthesiologists
  • Specialists
  • Dentists
  • Surgical assistants
  • Nursing home staff
  • Obstetricians

Our medical malpractice lawyer investigates your claim to determine the person or persons who acted negligently in causing your injury. We work diligently to obtain the evidence needed to prove you are entitled to compensation for your damages, injuries, and losses.

Types of Medical Malpractice

There are many types of medical malpractice. When a physician or other health care provider does not adhere to the acceptable standard of care followed by other providers in similar circumstances, the injuries that result may constitute medical malpractice. Examples of common events that give rise to a medical malpractice lawsuit include:

  • Failing to perform diagnostic tests
  • Misdiagnosis or failure to diagnose
  • Surgical mistakes and errors
  • Errors with anesthesia
  • Childbirth injuries, including mistakes made before, during, and after the birth blood transfusion mistakes
  • Medication errors, including prescribing or providing the wrong medication or incorrect dosage
  • Failing to obtain informed consent before a procedure or treatment
  • Failure to follow-up after treatment

The scenarios listed above are not the only circumstances that can precipitate a malpractice claim. Many other scenarios can indicate that malpractice occurred and caused your injury. The laws governing medical malpractice are complex. You need a medical malpractice lawyer who understands the elements for proving malpractice and has the resources and skills necessary to go up against the medical provider and his insurance company. Contact our office now for a free case evaluation with an attorney.

Medical Malpractice FAQ

Victims of medical malpractice are often left feeling overwhelmed as they struggle to manage their injury or illness, medical bills, and loss of wages. It’s easy to feel powerless against large health care corporations, and the idea of filing a medical malpractice lawsuit can be daunting.

Since most people have never had to deal with a medical malpractice lawsuit before, it’s normal to have questions about the process. Below are some of the most common questions we get asked about medical malpractice lawsuits.

A medical malpractice lawsuit occurs when a doctor causes harm to a patient by neglecting to meet the accepted standard of care. Some examples of this are: failure to diagnose, misdiagnosis, misreading X-ray images, and neglecting to provide aftercare.

If you decide to file a malpractice lawsuit, your lawyer will help you collect evidence using your medical records. Once the pre-suit requirements are met, the lawsuit will be filed and a trial date set.

Medical malpractice lawsuits must be filed within a certain amount of time. This time frame varies from state to state, but in Louisiana you have up to one year from the date of the malpractice to file your suit with a medical malpractice lawyer.

For a medical malpractice lawsuit to take place, the patient will need to prove three things. First, there must have been a patient-doctor relationship, which is usually easy to prove using medical records. An example of a gray area would be something like an informal consultation.

Second, there must be proof of gross negligence, meaning a competent medical professional wouldn’t have acted the way the defendant did. Expert medical witnesses are usually hired to prove this.

Lastly, the patient must prove that they suffered physical or mental injury because of the negligence. The injury must have cost them damages, which can be anything from loss of wages to pain and suffering.

If you feel that your doctor didn’t meet accepted medical standards due to a mistake or neglect, you can file a report with your state’s medical complaint board. Depending on the severity of the complaint and the doctor’s history, the doctor may receive disciplinary action.

Filing a complaint doesn’t require the amount of proof that malpractice suits do, and it’s a good first step to take if your doctor has been negligent. But keep in mind that it’s not the same thing as a malpractice lawsuit and will not result in repayment of damages.

Except in very rare cases, medical malpractice isn’t considered a criminal act, and these lawsuits are tried as civil cases. That means that if you win the case, the defendant will have to pay damages, but won’t face criminal charges.

In order for medical malpractice to be considered criminal, the patient’s lawyer will need to prove gross negligence with disregard to the patient’s health, such as ignoring clear symptoms or performing medicine while intoxicated. In extreme cases like these, the doctor in question may be prosecuted, especially if the actions led to a patient’s death.

Medical malpractice insurance is liability insurance that covers doctors and other health professionals in the case of a malpractice lawsuit.

Many states and workplaces require medical professionals to carry liability insurance, so if you file and win a malpractice suit, there’s a good chance that the money will come from an insurance company rather than from the doctor in question.

It’s possible to sue a doctor who doesn’t have medical malpractice insurance, but it can be more difficult to collect payment, especially if the doctor has limited assets.

Technically, you can file a medical malpractice claim yourself. But medical malpractice cases are extremely complicated, so it’s not advisable. Even experienced malpractice attorneys have to work hard to provide clear evidence of liability and causation, and it will be much more difficult for someone who doesn’t have expertise in this area.

The defense will undoubtedly hire experienced attorneys for the trial, so unless you’re confident that you know the law as well as they do, representing yourself probably won’t turn out to your benefit. Malpractice cases usually require hiring expensive medical experts to testify, too, so you’ll be footing that bill if you don’t win the case.

Medical malpractice lawyers carefully examine the circumstances leading up to a client’s injury and advise the patient whether a case is worth pursuing or not. If the client decides to go through with a lawsuit, a malpractice lawyer will walk the client through all the steps involved in taking a medical malpractice lawsuit to court.

In addition to navigating the complex legal system, medical malpractice lawyers prepare for the trial by inspecting the client’s medical records, and speaking with medical experts to give them the best possible chance of winning the trial. 

On average, about 15,000-19,000 medical malpractice cases are filed per year in the United States. The number is rising each year, although surprisingly, 98% of people who suffer from medical malpractice decide not to file a lawsuit.

Many people are intimidated by the legal process and what it might cost, so they never take the steps to find out what their options are. Others feel powerless against the medical system and don’t realize there’s anything they can do.

Generally speaking, money you receive in a medical malpractice settlement for physical injuries or sickness isn’t taxable. The exception is if you claimed deductions for the medical expenses associated with the suit, in which case, you’ll have to pay taxes on part of it.

Money awarded for emotional damages associated with the case won’t be taxed as long as you can prove that the damages were caused by the injury or illness.  If you receive money for punitive damages (which is rare in medical malpractice cases), it will be taxable.

If you’re unsure whether your settlement is taxable or want to know how to calculate what you owe, the IRS breaks it down here.

If you have a question that wasn’t answered on this page or you’d like to speak with someone about your malpractice case, contact us and we’ll be happy to help.

What Should You Do If You Suspect Medical Malpractice?

If you believe that your injury was the result of malpractice, you need to take certain steps to protect your legal rights. Immediately request copies of all medical records from all providers. Waiting to request medical records may result in lost, destroyed, or altered records. Even if you are not sure your injury was the result of malpractice, it is best to secure your records now.

While you are waiting for the copies of your records, write down everything you can remember about the medical procedure. Be as detailed as possible when you recall conversations and meetings with medical providers. Continue to take notes as you go through the process, including notes about your injury, recovery, pain level, and limitations. It can also help to document your recovery with photographs, if applicable.

Schedule an appointment with our office as quickly as possible. Our medical malpractice lawyer will explain the process of investigating and filing a claim, including other steps you should take (i.e. seeking another medical opinion, etc.).

What Our Clients Are Saying

5 Star Testimonials

Nicole B.

Best services in the world. Could not ask for a better law firm.

Matthew C.

Blaine and his team were very helpful and I would recommend their services.

Lafayette, Louisiana, USA

Joseph H.

I’m from out of state and a professional truck driver. I had a multi car accident in Louisiana. I was not at fault but injured. Blaine and his staff helped deal with all the insurance companies and lawyers. He was with me for my deposition and met with me when I asked him to, if I was in the area. His staff are great and very patient with people that ask the same questions over and over. I can’t say enough good things about this man as a professional. I would use him again if I need to.

Lafayette, Louisiana, USA

Dawn W.

Blaine Barrilleaux was great. This was my first time ever filing a lawsuit and he and his office made it easy, painless, and informative. They always let me know what the next step in the case was as to not leave me lost and wondering what is going on. I would recommend him and his staff to anyone. Thanks for taking such great care of me.

Lafayette, Louisiana, USA

Charles S.

When I was in pain, I called Blaine and he got the action I wanted! I highly recommend him as a personal injury lawyer. He’s a no nonsense, straight to the point attorney and he doesn’t let the big insurance companies push him around. HE PUSHES BACK!!! THANKS BLAINE!!!

Lafayette, Louisiana, USA

Victor S.

Blaine and his staff are the greatest. They’ve taken very good care of my wife and I since our accident. I would definitely recommend the law office of Mr. Blaine Barrilleaux to anyone seeking a dedicated injury attorney.

Lafayette, Louisiana, USA

Joel P.

He made the other insurance company drive to my house to bring me my check from Texas he very understanding and listens to everything I said. He fought for me got me the surgery I dearly needed. You won’t be able to find another lawyer who cares like him. He’s very patient with his clients.

Austin C.

Blaine is fair, smart and caring; his staff is great!

Lafayette, Louisiana, USA

Donna L.

Anytime I needed anything Blaine’s team was there to help me. They were friendly and on top of everything I asked for. I really appreciate how hard and quickly they worked to resolve my case. I would highly recommend Blaine Barrilleaux Law for anyone needing legal help.

Lafayette, Louisiana, USA

Dawn M.

Mr. Blaine Barrilleaux and his staff made this process as painless as possible. This was my first time going through a lawsuit and he and his staff made me very comfortable and went above and beyond to make sure I understood the process and what to expect. I would recommend this law firm to anyone seeking help.

Lafayette, Louisiana USA

Jeff and Michelle

Blaine Barrilleaux and his staff went beyond what was ever expected. Blaine was very easy to talk to and he listened to all my needs and concerns. They truly care. Thanks Blaine for all you did for us.

Lafayette, Louisiana, USA

Kimberly S.

Blaine and his staff treated my family with the most respect. Blaine cares for his clients and goes above and beyond for them. Thank you Blaine for all your hard work and time in my case.

Morgan City, LA, USA

Call Now for Your Free Appointment with a Louisiana Medical Malpractice Lawyer

The Law Offices of Blaine Barrilleaux is a personal injury law firm in Louisiana with offices in both Lafayette and Metairie. Our law firm welcomes a wide range of personal injury cases including auto accidents, truck accidents, workers compensation and wrongful death. To schedule a consultation with one of our practicing attorneys, please give us a call at 337-989-1212 or complete our inquiry contact form.

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