Shreveport Medical Malpractice Lawyer

Injured Because of a Medical Error? Talk With an Experienced Louisiana Medical Malpractice Attorney

When you seek medical treatment, you place your health—and sometimes your life—in the hands of doctors, nurses, hospitals, surgeons, pharmacists, and other healthcare professionals. A poor medical outcome does not automatically mean malpractice occurred. But when a healthcare provider fails to meet the applicable standard of care and that failure causes serious injury or death, the patient and family may have legal options.

Medical malpractice cases are among the most complicated personal injury claims in Louisiana. Medical records must be carefully reviewed, the applicable standard of care must be identified, causation must be established, and qualified medical professionals may be needed to evaluate whether the treatment provided fell below that standard.

Louisiana also has special laws and procedures governing medical malpractice claims that are substantially different from ordinary personal injury cases.

At Jacqueline A. Scott & Associates, we represent individuals and families in Shreveport, Bossier City, Northwest Louisiana, and throughout Louisiana who have suffered serious injuries because of suspected medical negligence.

For more than 35 years, our firm has represented people facing life-changing injuries and losses.

If you believe you or a loved one may have been harmed by medical negligence, call 318-746-5997 for a free, confidential consultation.

What Is Medical Malpractice in Louisiana?

Not every medical mistake, complication, unsuccessful procedure, or unexpected outcome constitutes medical malpractice.

Generally, a medical malpractice claim requires determining whether a healthcare provider failed to provide the level of care required under the circumstances and whether that failure caused or contributed to the patient's injury.

These cases often involve three important questions:

What standard of care applied?

The appropriate standard can depend upon the healthcare provider's specialty, the patient's condition, the treatment being provided, and other circumstances.

Did the healthcare provider breach that standard?

A bad result by itself does not necessarily establish negligence. The medical evidence must be evaluated to determine whether the provider's conduct fell below the applicable standard.

Did that breach cause the patient's injury?

Even when a mistake occurred, a medical malpractice case generally requires establishing a connection between the negligent conduct and the patient's injury, worsened condition, or death.

This is one reason medical malpractice claims often require extensive review of medical records and consultation with qualified medical experts.

Types of Medical Malpractice Cases We Investigate

Medical negligence can occur at nearly any stage of a patient's care.

Our firm evaluates potential claims involving:

• Failure to diagnose
• Delayed diagnosis
• Misdiagnosis
• Surgical errors
• Emergency room errors
• Medication errors
• Anesthesia errors
• Birth injuries
• Failure to properly monitor a patient
• Failure to order appropriate diagnostic testing
• Failure to properly interpret test results
• Hospital negligence
• Nursing negligence
• Failure to recognize a deteriorating patient
• Postoperative negligence
• Infections associated with negligent medical care
• Improper discharge
• Failure to refer a patient to an appropriate specialist
• Failure to obtain appropriate informed consent
• Other preventable medical errors

The fact that something went wrong does not necessarily mean malpractice occurred.

Determining whether a viable claim exists requires examining exactly what happened before, during, and after the patient's treatment.

Failure to Diagnose and Delayed Diagnosis

Some of the most serious medical malpractice cases involve conditions that should have been identified earlier.

A patient may visit an emergency room, hospital, clinic, or physician complaining of symptoms that require further testing or specialist evaluation. If those symptoms are dismissed, diagnostic tests are not ordered, abnormal results are overlooked, or appropriate follow-up does not occur, valuable treatment time may be lost.

Potential cases may involve delayed or missed diagnoses of conditions such as:

• Cancer
• Stroke
• Heart attack
• Sepsis
• Internal bleeding
• Pulmonary embolism
• Infections
• Appendicitis
• Neurological conditions
• Other serious illnesses or injuries

In these cases, one of the most important questions is often not simply whether the diagnosis was delayed, but whether receiving the correct diagnosis earlier would probably have changed the patient's treatment or outcome.

Surgical Errors

Every surgery carries risks, and a surgical complication does not automatically mean the surgeon or hospital was negligent.

However, preventable errors can occur before, during, and after surgery.

Potential surgical malpractice claims may involve:

• Wrong-site surgery
• Wrong-patient procedures
• Injury to organs, nerves, or blood vessels
• Retained surgical instruments or materials
• Improper surgical technique
• Anesthesia-related errors
• Failure to recognize surgical complications
• Inadequate postoperative monitoring
• Failure to respond to internal bleeding
• Preventable infections associated with negligent care

A complete investigation may require reviewing operative reports, anesthesia records, nursing notes, medication administration records, diagnostic imaging, laboratory results, and postoperative records.

Emergency Room Malpractice

Emergency physicians and nurses frequently work under significant time pressure, but emergency patients are still entitled to appropriate medical care.

Emergency room negligence may involve failure to recognize signs of a serious medical emergency, inadequate testing, improper discharge, medication errors, or failure to respond when a patient's condition deteriorates.

For example, symptoms of a heart attack, stroke, sepsis, internal bleeding, or pulmonary embolism may require immediate evaluation and treatment.

When warning signs are overlooked, the consequences can be devastating.

Medication Errors

Medication mistakes can occur in hospitals, nursing facilities, pharmacies, physician offices, and other healthcare settings.

Potential errors may include:

• Administering the wrong medication
• Giving the wrong dosage
• Failing to consider dangerous drug interactions
• Administering medication to the wrong patient
• Failing to review known allergies
• Pharmacy dispensing errors
• Failing to properly monitor a patient's response to medication

Determining responsibility may require reviewing physician orders, pharmacy records, medication administration records, nursing documentation, and electronic medical records.

Birth Injury and Obstetrical Malpractice

Few situations are more devastating for a family than learning that a newborn suffered a serious injury that may have been preventable.

Birth injury cases can involve complicated questions concerning prenatal care, labor and delivery, fetal monitoring, emergency intervention, and neonatal treatment.

Potential cases may involve:

• Failure to recognize fetal distress
• Delayed emergency C-section
• Improper response to abnormal fetal heart-rate patterns
• Oxygen deprivation
• Improper use of delivery instruments
• Failure to diagnose maternal complications
• Failure to respond appropriately to delivery complications

Birth injury cases often require extensive medical review to determine whether the injury resulted from unavoidable complications or potentially preventable medical negligence.

Hospital and Nursing Negligence

A medical malpractice claim does not necessarily involve only a physician.

Depending upon the circumstances, the conduct of nurses, hospitals, clinics, technicians, pharmacists, and other healthcare professionals may need to be investigated.

Potential nursing or hospital negligence may include:

• Failure to monitor vital signs
• Failure to notify a physician of a patient's deteriorating condition
• Medication administration errors
• Failure to follow physician orders
• Improper patient monitoring
• Documentation errors
• Failure to implement appropriate fall precautions
• Inadequate communication among healthcare providers
• Failure to follow appropriate safety procedures

An attorney should investigate all potentially responsible parties rather than automatically assuming one individual caused the injury.

How Do You Know If You Have a Medical Malpractice Case?

Patients frequently contact attorneys because they know something went wrong but do not know why.

That is understandable.

You are not expected to diagnose medical malpractice yourself.

Some circumstances that may justify further investigation include:

• Your condition became significantly worse after treatment.
• You were told by another doctor that something should have been discovered earlier.
• A serious condition was diagnosed after repeated complaints were dismissed.
• You underwent an unexpected corrective procedure.
• You developed serious complications following surgery.
• Medication was administered incorrectly.
• Medical staff acknowledged that an error occurred.
• Your medical records contain information inconsistent with what you were told.
• A loved one unexpectedly died during or shortly after medical treatment.

None of these circumstances automatically proves malpractice.

They may, however, justify obtaining the medical records and having the treatment reviewed.

How a Shreveport Medical Malpractice Attorney Investigates a Claim

Medical malpractice cases are built through evidence—not assumptions.

Depending upon the circumstances, an investigation may include:

Obtaining Complete Medical Records

This can include much more than a discharge summary.

Relevant records may include physician notes, nursing documentation, medication records, diagnostic imaging, laboratory results, operative reports, anesthesia records, pathology reports, fetal monitoring strips, electronic medical records, and other documentation.

Developing a Medical Timeline

A detailed chronology can help determine when symptoms appeared, what providers knew, what testing was performed, when diagnoses were made, and whether opportunities for earlier intervention were missed.

Reviewing the Applicable Standard of Care

Medical experts may be necessary to determine what an appropriately trained healthcare provider should have done under similar circumstances.

Evaluating Causation

It is not enough to identify a mistake.

The investigation must also determine whether the alleged negligence caused or contributed to the patient's injury or worsened outcome.

Identifying Responsible Healthcare Providers

Depending upon the facts, potential defendants could include physicians, nurses, hospitals, clinics, healthcare organizations, or other medical professionals.

Determining Whether Providers Are Qualified Under Louisiana's Medical Malpractice System

Whether a healthcare provider is considered a qualified healthcare provider can affect the procedures and protections applicable to a Louisiana medical malpractice claim.

This determination should be made early in the investigation.

Louisiana's Medical Review Panel Process

Louisiana medical malpractice cases operate differently from most ordinary personal injury claims.

Claims involving healthcare providers covered by Louisiana's medical malpractice statutes may be subject to a medical review process before the malpractice lawsuit proceeds through the ordinary court process.

The panel process generally involves healthcare professionals reviewing evidence and considering whether the treatment at issue complied with the applicable standard of care.

The panel's opinion does not automatically decide the entire case.

Medical review panel procedure can be technical, and there are circumstances affecting whether and how a claim proceeds through the process. The rules can also differ depending upon whether the healthcare provider is private or public.

For that reason, patients should not assume that filing an ordinary lawsuit at the courthouse is necessarily the first procedural step in a Louisiana medical malpractice case.

An attorney familiar with Louisiana malpractice procedure can determine the appropriate process based upon the providers involved and the facts of the claim.

Louisiana's Patient's Compensation Fund

Louisiana has a unique system known as the Patient's Compensation Fund, commonly referred to as the PCF.

The PCF provides excess malpractice coverage for participating qualified private healthcare providers.

Whether a healthcare provider is qualified under the system can affect important aspects of a medical malpractice case, including the procedures that apply and how compensation may ultimately be paid.

Because Louisiana medical malpractice law has specialized rules that do not apply to ordinary negligence claims, determining a provider's status should be part of the early case investigation.

How Long Do You Have to File a Medical Malpractice Claim in Louisiana?

Medical malpractice claims are subject to strict filing deadlines.

Determining the applicable deadline can be complicated because it may depend upon when the alleged malpractice occurred, when the injury was discovered, the nature of the healthcare provider, the procedural route used, and other circumstances.

Patients should not assume that they have the same amount of time available in an ordinary personal injury case.

Waiting can also create practical problems even when a legal deadline has not yet expired.

Records may become harder to obtain, witnesses may become difficult to locate, and important evidence may be lost.

If you suspect serious medical negligence, speaking with an attorney promptly can help determine which deadlines apply to your particular circumstances.

What Compensation May Be Available in a Louisiana Medical Malpractice Case?

The damages available depend upon the injury, the healthcare providers involved, applicable Louisiana law, and the individual facts of the case.

Potential damages may involve:

• Past medical expenses
• Future medical care
• Lost income
• Loss of future earning capacity
• Physical pain and suffering
• Mental and emotional suffering
• Disability
• Loss of enjoyment of life
• Permanent impairment
• Rehabilitation expenses
• Certain wrongful death damages when malpractice results in death

Louisiana has special laws governing damages in claims involving qualified healthcare providers.

The application of those laws can be complicated, particularly in cases involving catastrophic injuries requiring substantial future medical treatment.

An attorney should evaluate the specific damages available rather than relying upon an online settlement calculator or average malpractice settlement figure.

Medical Malpractice Result: $100,000

Jacqueline A. Scott & Associates has obtained a $100,000 medical malpractice result, as reflected among the firm's reported settlements and verdicts.

Past results do not guarantee future outcomes. Every medical malpractice claim depends upon its own facts, evidence, injuries, healthcare providers, available coverage, and applicable Louisiana law.

What Should You Do If You Suspect Medical Malpractice?

If you believe you or a family member suffered serious harm because of medical negligence:

• Get the medical care you need. Your health should remain the priority.
• Request copies of your medical records. Keep copies of records, test results, discharge instructions, prescriptions, and other medical documentation you already possess.
• Write down what happened. Record important dates, conversations, symptoms, appointments, and the names of healthcare providers while the information is still fresh.
• Keep photographs and other evidence. Photographs of injuries, surgical sites, wounds, or physical changes may become important.
• Be cautious about social media. Public statements or photographs can potentially become relevant during litigation.
• Speak with an attorney before assuming that nothing can be done. Medical malpractice is difficult for patients to identify without reviewing the underlying medical evidence.

Questions to Ask a Medical Malpractice Lawyer

Before hiring an attorney, consider asking:

• How much experience do you have handling medical malpractice cases?
• Who will review my medical records?
• Will medical experts be consulted?
• Who will personally handle my case?
• What Louisiana procedures apply to my claim?
• Is the healthcare provider qualified under Louisiana's medical malpractice laws?
• What filing deadlines apply?
• What costs could be involved in investigating the case?
• How will your office communicate with me?
• Are you prepared to litigate the case if necessary?

A lawyer should be able to explain the process without promising a particular result before the medical evidence has been thoroughly evaluated.

Why Choose Jacqueline A. Scott & Associates?

Medical malpractice cases require patience, careful investigation, and an understanding of both medicine and Louisiana law.

For more than 35 years, Jacqueline A. Scott & Associates has represented individuals and families in serious personal injury matters.

When evaluating a potential medical malpractice claim, our goal is to understand:

What happened?

What should have happened?

Who was responsible for the patient's care?

Did the treatment fall below the applicable standard?

Did that failure cause or contribute to the injury?

What has the injury cost the patient and family—and what will it cost in the future?

Those questions cannot be answered with a generic checklist. They require careful examination of the individual case.

Our firm serves clients throughout Shreveport, Bossier City, Northwest Louisiana, and across Louisiana.

Frequently Asked Questions About Medical Malpractice in Louisiana

Talk With a Shreveport Medical Malpractice Lawyer

When medical treatment results in an unexpected catastrophic injury, permanent disability, or death, patients and families deserve to understand what happened.

If you believe a doctor, hospital, nurse, or other healthcare provider may have caused serious harm through medical negligence, Jacqueline A. Scott & Associates can evaluate the circumstances and explain your legal options.

We represent clients in Shreveport, Bossier City, Northwest Louisiana, and throughout Louisiana.

Call 318-746-5997 for a free, confidential consultation.

Initial consultations in personal injury matters are free. Attorney fees and case expenses are governed by the representation agreement. Past results do not guarantee future outcomes.

This page provides general information and does not constitute legal advice. Louisiana medical malpractice laws and procedures are complex, and the law applicable to a particular claim depends upon the specific facts and circumstances.