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Home » Practice Areas » Medical Malpractice & Medical Injuries

NEW ORLEANS MEDICAL
MALPRACTICE & BIRTH
INJURY LAWYERS

When medical professionals make preventable mistakes, the results can change lives forever. A missed diagnosis, a surgical error, or a careless delivery can turn what should have been a moment of healing or joy into lasting physical and emotional pain. In Louisiana, these cases require a law firm with both medical insight and proven courtroom experience.

The Gertler Law Firm has represented patients and families harmed by medical negligence across New Orleans and throughout Louisiana. Our attorneys handle complex cases involving hospital errors, surgical injuries, misdiagnosis, birth trauma, and catastrophic brain injury, bringing together legal strategy, medical experts, and an unwavering commitment to accountability.

Advocating for Victims of Medical Negligence in Louisiana

Under Louisiana law, health-care providers are held to a professional standard of care. When that standard is violated and injury results, the responsible parties, including doctors, nurses, hospitals, or clinics, can be held liable.

Gertler Law Firm pursues cases arising from:

  • Surgical errors, anesthesia mistakes, and retained instruments
  • Delayed or missed diagnoses of serious conditions
  • Hospital negligence and improper patient monitoring
  • Birth trauma leading to cerebral palsy, hypoxia, or developmental delays
  • Dental malpractice resulting in infection, nerve damage, or jaw injury
  • Medication errors and pharmacy negligence

Each case requires a detailed review of medical records, consultation with qualified experts, and a clear demonstration of how the provider’s conduct fell below accepted standards.

Louisiana’s Medical Malpractice Laws

The Medical Review Panel Requirement

Louisiana law requires most malpractice claims to be reviewed by a Medical Review Panel before filing suit. The panel evaluates whether the defendant’s conduct breached the standard of care. Our attorneys manage this process from start to finish, preparing expert submissions, gathering documentation, and ensuring deadlines are met.

Statute of Limitations (Prescription Period)

Most medical malpractice claims must be filed within one year of the alleged negligence or its discovery, and no later than three years from the act, regardless of when the injury was found. These deadlines are strict, so prompt action is critical.

Damage Caps and Recovery Limits

Louisiana limits total recovery in medical malpractice cases to $500,000, excluding future medical expenses. Understanding how to structure settlements within these constraints requires experienced legal strategy, something Gertler Law Firm has refined over decades of practice.

Hospital Negligence and Surgical Error Cases

Hospitals and surgical centers have legal duties extending beyond individual physicians. When systemic failures such as understaffing, poor communication, or equipment issues cause harm, the institution itself may be liable.

Our attorneys investigate:

  • Inadequate post-operative monitoring
  • Infections caused by unsanitary conditions
  • Surgical instruments left inside patients
  • Anesthesia or medication dosage errors
  • Unnecessary or improperly performed procedures

Louis L. Gertler has spent much of his career representing victims of catastrophic medical negligence, while Josh Gertler brings detailed experience with hospital liability and complex injury litigation. Together, they provide the strength and precision these cases demand.

Birth Injury and Pediatric Malpractice Claims

A birth injury affects not only the child but the entire family’s future. When preventable mistakes occur during labor or delivery, the results can include brain damage, nerve injury, or lifelong disability.

Gertler Law Firm represents families in cases involving:

  • Oxygen deprivation (hypoxia or anoxia)
  • Failure to monitor fetal distress
  • Delayed C-section or improper delivery technique
  • Shoulder dystocia and brachial plexus injuries
  • Medication or anesthesia errors during pregnancy or birth

These cases require specialized medical review and careful calculation of long-term costs for therapy, special education, and lifetime care. Our attorneys collaborate with pediatric neurologists, obstetric experts, and life-care planners to ensure every need is addressed.

Dental Malpractice and Related Injuries

Negligence in dental treatment can cause serious pain, infection, or permanent nerve damage. Claims may arise from improper extractions, implant failures, anesthesia mistakes, or delayed diagnosis of oral disease.

Although often overlooked, dental malpractice falls within Louisiana’s medical negligence laws. Gertler Law Firm handles these claims with the same thorough preparation applied to hospital cases.

Brain Injury from Medical or Birth-Related Errors

Traumatic or hypoxic brain injury caused by medical negligence often leads to permanent disability. Victims may require years of therapy and lifelong assistance. Our attorneys pursue full compensation for future medical expenses, adaptive care, and the impact on family life. Each case is supported by neurologists, radiologists, and economic experts to document both medical and financial losses.

How Gertler Law Firm Builds Strong Malpractice Cases

  • Expert Collaboration: We work closely with physicians, nurses, and technical specialists to identify every deviation from accepted care.
  • Comprehensive Evidence Review: Detailed analysis of charts, surgical notes, and imaging to trace the exact moment of error.
  • Courtroom Experience: Decades of trial advocacy in Louisiana courts, backed by a reputation for precision and persistence.
  • Client Support: Families are guided through every step of a long and often emotional process with compassion and clarity.

Our approach blends legal strength with medical insight, two elements essential for success in complex malpractice litigation.

Why Clients Across Louisiana Trust Gertler Law Firm

  • Proven results in hospital negligence and birth injury litigation
  • Direct attorney involvement from initial review to resolution
  • Respected by peers and courts for ethical, effective advocacy
  • Commitment to truth, accountability, and the highest standard of care for every client

Frequently Asked Questions About Medical Malpractice in Louisiana

What qualifies as medical malpractice?

Any act or omission by a licensed health-care provider that falls below accepted medical standards and causes harm may constitute malpractice.

How do I start a malpractice claim in Louisiana?

Most cases begin with a Medical Review Panel request. An attorney prepares and submits this filing, along with supporting evidence and expert opinions.

How long do I have to file a malpractice claim?

Generally, you must file within one year of the negligence or discovery of the injury, and no later than three years from the act itself.

What if a birth injury was not discovered immediately?

The one-year clock may begin when the injury is reasonably discovered. However, timing issues are complex; consult an attorney immediately to protect your rights.

Can I sue a hospital for negligence?

Yes. Hospitals may be liable for systemic failures, unsafe conditions, or negligent staff practices independent of a physician’s actions.

How much compensation can I recover?

Louisiana caps general damages at $500,000, excluding future medical costs. Our attorneys ensure every recoverable category is fully documented and pursued.

Do I owe attorney’s fees up front?

No. The Gertler Law Firm represents malpractice victims on a contingency fee basis; you owe nothing unless we recover compensation.

Speak With a New Orleans Medical Malpractice & Birth Injury Lawyer

If you or your child has been harmed by medical negligence in Louisiana, contact the Gertler Law Firm. Our attorneys have decades of experience confronting hospitals, insurers, and health-care corporations that fail to uphold their duty of care.

Call our New Orleans office today for a confidential consultation. We’ll review your case, explain your rights, and pursue the justice and compensation you deserve.

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MEDICAL MALPRACTICE & MEDICAL INJURIES

  • Medical Malpractice
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ELDER ABUSE & PREMISES LIABILITY

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Contact Our New Orleans Personal Injury Lawyers Today

NEW ORLEANS

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Suite 1900
New Orleans, LA 70112

Call: 504-581-6411

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If you or a loved one has been seriously injured, the path to justice starts with one call.
Contact the Gertler Law Firm at (504) 581-6411 or 1-877-581-6411 for a free consultation.
With more than 50 years of proven results, we are ready to fight for you.

AREAS WE SERVE - LOUISIANA

Northshore

Tangipahoa Parish
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Orleans Parish
New Orleans

Jefferson Parish
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PERSONAL INJURY & ACCIDENTS

Auto & Transportation Accidents
Car Accidents
Truck / 18-Wheeler Accidents
Motorcycle Accidents
Pedestrian Accidents
Uber / Lyft Accidents
Drunk Driving Accide
Street Car / Public Transit Accidents

Slip & Fall / Premises Accidents
Dog Bites / Animal Attacks
Construction Accidents
Brain & Catastrophic Injuries
Wrongful Death (accident causes)

MEDICAL MALPRACTICE & MEDICAL INJURIES

Medical Malpractice
Birth Injuries
Dental Malpractice
Brain Injury

PRODUCT LIABILITY & MASS TORTS / CLASS ACTIONS

Defective Products
Device / Implant Recall Claims
Defective Hip / Hip Replacement
Knee Replacement Recall
Shoulder Pain Pumps
Paragard IUD
Environmental / Toxic Exposure / Cancer
Mesothelioma / Asbestos
Roundup or similar herbicide / toxin claims
Class Action & Mass Torts

ELDER ABUSE & PREMISES LIABILITY

Nursing Home Abuse / Neglect
Premises Liability

WILLS, SUCCESSIONS & ESTATE SERVICES

Louisiana Successions
Wills

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The material on this Personal Injury Website, managed and operated by Gertler Law Firm, is intended for informational purposes only. The material found on this Website is not intended to be, nor should it ever be interpreted as legal advice or opinion, and does not constitute an attorney – client relationship.

Disclaimer: Case results depend upon a variety of factors unique to each case. Indications of past case results do not guarantee or predict a similar result in future cases. Our New Orleans, Louisiana Injury Attorney Referral Program is in accordance with Rule 1.5(e) of the Louisiana Rules of Professional Conduct.

Copyright © 2025, Gertler Law Firm. All Rights Reserved.

  • Home
  • About Us
    • About the firm
    • Judge David Gertler
    • Attorney Louis Gertler
    • Attorney Mike Gertler
    • Attorney Josh Gertler
  • Practice Areas
    • Personal Injury & Accidents
      • Auto & Transportation Accidents
        • Car Accidents
        • Truck / 18-Wheeler Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Uber / Lyft Accidents
        • Drunk Driving Accidents
        • Street Car / Public Transit Accidents
      • Slip & Fall / Premises Accidents
      • Dog Bites / Animal Attacks
      • Construction Accidents
      • Brain & Catastrophic Injuries
      • Wrongful Death
    • Product Liability & Mass Torts / Class Actions
      • Defective Products
      • Device / Implant Recall Claims
        • Defective Hip / Hip Replacement
        • Knee Replacement Recall
        • Shoulder Pain Pumps
        • Paragard IUD
      • Environmental / Toxic Exposure / Cancer
        • Mesothelioma / Asbestos
        • Roundup or similar herbicide / toxin claims
      • Class Action & Mass Torts
    • Medical Malpractice & Medical Injuries
      • Medical Malpractice
      • Birth Injuries
      • Dental Malpractice
      • Brain Injury
    • Elder Abuse & Premises Liability
      • Nursing Home Abuse / Neglect
      • Premises Liability
    • Wills, Successions & Estate Services
      • Louisiana Successions
      • Wills
  • Case Results
  • Blog
  • FAQ
  • Contact Us