≡ Menu

What Acts Are Considered Medical Malpractice?

Most of New Orleans’ health care providers are competent and hardworking professionals.  This does not mean, however, that there are not subpar providers or occasions when the treatment provided to a patient falls below the acceptable standard of care for medical providers.  When this happens, the patient may be able to pursue a medical malpractice claim.

The medical treatment provided by a health care provider is required to meet the appropriate standard of care.  Not every case in which treatment leads to a bad outcome or unexpected result constitutes medical malpractice — there must be a breach of the standard of care.   

In general, medical care providers must provide the care ordinarily possessed and exercised by members of their profession who are in good standing in the community.  In cases where treatment involves issues particular to a specific medical specialty, the standard of care required is that which is ordinarily practiced by those involved in that medical specialty.

Specific examples of medical malpractice include:

1.  Failure to provide a patient with appropriate medical treatment;

2.  Incorrectly diagnosing or failing to recognize a medical condition;

3.  Unreasonable delay in providing care for a known medical condition.

In a medical malpractice lawsuit, the injured party must file the action within one year of the date of the malpractice.  If the injury caused by the malpractice was not immediately apparent, this deadline is extended to within one year from the date the plaintiff knew or, in the exercise of reasonable care, should have known of the existence of the right to action.  However, no action can be brought later than three years from the incident.  In Louisiana, there is a $500,000 cap on damages, except for medical expenses, for claims of injury or death of a patient.

If you have any questions regarding medical malpractice, please feel free to contact us at 504-581-6411 or 855-GERTLER.