What to Do If You’ve Been Injured Due to a Doctor’s Negligence
Medical professionals are trusted to protect your health, not harm it. When a doctor fails to meet the standard of care expected in their profession, and that failure causes injury, the results can be devastating. Patients may suffer long-term health issues, emotional distress, and significant financial burdens from additional medical care and lost wages.
If you or someone close to you has been hurt because of medical negligence, you may be eligible to take legal action. Located in Metairie, Louisiana, the Law Office of Bruce C. Betzer can help you understand what constitutes medical negligence and what steps you can take after an injury.
Understanding Medical Negligence
Medical negligence occurs when a healthcare provider breaches the accepted standard of care in their field and that breach directly causes harm to a patient. The standard of care is the level of attention, caution, and skill a reasonably competent medical professional would provide under similar circumstances.
However, it's important to note that not every negative outcome is the result of negligence. Sometimes, treatments don't go as planned despite everyone's best efforts.
Examples of Medical Negligence
Medical negligence can take many forms. While each case is different, there are some common situations where patients might be injured due to a provider's mistakes:
Misdiagnosis or delayed diagnosis: Failing to correctly diagnose an illness, or diagnosing it too late for effective treatment.
Surgical errors: Performing surgery on the wrong site, leaving surgical tools inside the body, or making avoidable mistakes during surgery.
Medication errors: Prescribing the wrong medication or dosage, or failing to check for dangerous drug interactions.
Birth injuries: Causing harm to a baby or mother due to mistakes made during pregnancy, labor, or delivery.
Improper follow-up care: Not providing appropriate post-treatment instructions or failing to monitor the patient’s recovery.
If you or someone you know has experienced one of these issues, you may be able to file a medical negligence claim. An experienced attorney can help you understand your situation and guide you through the next steps.
Steps to Take Immediately After a Medical Injury
If you believe a doctor’s actions caused your injury, your health and safety should always come first. Even if you're feeling angry or betrayed, it's important to take practical steps right away. The primary steps you should take include the following.
Get a second medical opinion: Find another qualified doctor to evaluate your condition. They can treat the injury and help determine whether your first provider made a mistake.
Request your medical records: These documents are critical to show what treatment you received and whether your care was appropriate.
Avoid speaking with the provider about the incident: Anything you say could be used against you if you pursue a claim later. It's best to limit communication to requests for records or follow-up care.
Document your experience: Write down everything you remember, including dates, names, symptoms, and conversations with your doctor or medical staff.
Take photos if possible: If your injury is visible, take pictures to document the damage.
Once you've taken these steps, you should consult a skilled legal professional with experience handling medical negligence cases.
What Evidence Should You Gather?
Once you’ve spoken with an attorney, you should start gathering the evidence needed to support your claim. Some evidence might need to be gathered on your own, while other evidence can be collected by your attorney. The key pieces of evidence you should obtain include the following:
Medical records: These are the foundation of your case and show exactly what care you received.
Expert witness statements: Medical experts can explain how your treatment fell below the standard of care.
Photos and videos: If applicable, visual evidence of your injury or recovery process can strengthen your claim.
A personal journal: Notes on your pain, physical limitations, emotional state, and how the injury affects your daily life can provide powerful insight.
Receipts and financial records: Any costs related to your injury—like prescriptions, additional treatments, or lost wages—should be documented.
The more evidence you can provide your attorney, the stronger your claim will be. Be sure to keep everything organized to help you and your attorney work more efficiently.
Potential Compensation for a Medical Negligence Claim
If a doctor’s mistake has caused you harm, you may be entitled to financial compensation. This is meant to help you recover from any physical, emotional, and financial harm you experienced as a result of the malpractice. Some types of damages you might recover include:
Medical expenses: This includes financial compensation for both past and future medical costs related to the injury.
Lost wages: This provides financial compensation if your injury has prevented you from returning to work or will affect your future earning ability.
Pain and suffering: These damages reflect the physical and emotional pain caused by the injury.
Loss of enjoyment of life: These damages offer compensation if your injury affected your ability to enjoy hobbies, relationships, or everyday activities.
Punitive damages: In rare cases, additional damages may be awarded if the doctor's behavior was especially reckless or intentional.
Louisiana has certain limits and rules around what can be recovered in a medical malpractice case. A skilled attorney will explain how those laws apply to your situation.
Deadlines and Legal Limits in Louisiana
Every state has its own rules about how long you have to file a medical malpractice lawsuit, and Louisiana’s are among the strictest. If you wait too long, your claim could potentially be dismissed, even if you have a strong case. Some key deadlines you should know about include the following:
One-year statute of limitations: You usually have one year from the date of the injury or the date you discovered it to file a claim.
Three-year cap: No claim can be filed more than three years after the alleged malpractice, regardless of when it was discovered.
Medical review panel requirement: Before filing a lawsuit, you typically have to submit your case to a medical review panel, which will review the facts and issue an opinion on whether medical negligence occurred.
Since these deadlines are strict, it’s important to act quickly. Delaying could mean losing your chance to hold the provider accountable and recover damages.
Why Should You Consult an Attorney?
Medical negligence cases aren't just about knowing something went wrong; they’re about proving it. These cases often involve technical medical details and expert opinions. An experienced personal injury attorney will know what to look for, how to gather evidence, and how to build a strong claim on your behalf. Here’s how an attorney can help.
Review your case details: They’ll assess whether you have a valid claim and advise you on the best way forward.
Consult medical experts: Your attorney can work with specialists to provide expert opinions about your treatment and injury.
Handle all communications: From hospitals to insurance companies, your attorney can speak on your behalf and protect your interests.
Help you meet deadlines: Louisiana law has strict time limits for filing a medical malpractice claim, which is typically one year from the date of the injury.
If you’re not sure whether you have a case, speaking with a knowledgeable attorney can often provide the clarity you need. If you do have a case, the sooner you act, the better.
Reach Out to an Attorney Today
Being injured by a doctor’s negligence can turn your world upside down. Therefore it's important to connect with an experienced personal injury attorney who can stand up for your rights and advocate for your best interests.
Located in Metairie, Louisiana, the Law Office of Bruce C. Betzer offers skilled legal guidance to help you pursue the justice you need and start healing. We serve clients in Chalmette, New Orleans, Jefferson Parish, and St. Tammany Parish, Louisiana. Reach out today to schedule a free consultation.