When Do I Need a Medical Malpractice Lawyer in Louisiana?
MGM Attorneys • February 20, 2025

In Louisiana, medical malpractice is defined as any act or omission by a healthcare provider that deviates from the accepted standard of care and causes harm to the patient. Determining whether you need a medical malpractice lawyer can be challenging, as not all adverse medical outcomes are the result of negligence. However, there are key signs that indicate when it may be time to seek counsel from an experienced attorney. Here are some of the most common situations in which you may need a lawyer:


1. Severe Injury or Worsened Condition Due to Medical Care

A clear indication that you may need a medical malpractice lawyer is if your condition deteriorates or you sustain a serious injury after receiving treatment. If a doctor, nurse, or healthcare facility does not meet the expected standard of care, resulting in significant harm, you could have a valid claim. In these situations, it’s important to establish that the harm you suffered was a direct result of a healthcare provider’s negligence and that it was not a natural outcome of the condition being treated.


Examples include:

  • Worsened symptoms after a procedure or treatment that should have improved the condition.
  • New injuries sustained during surgery or medical procedures, such as nerve damage, infections, or internal injuries.
  • Permanent disability or disfigurement caused by a medical error, such as surgical mistakes or incorrect treatment choices.


2. Lack of Informed Consent for a Procedure or Treatment

Informed consent is a crucial aspect of medical ethics and legal standards. Before undergoing any procedure or treatment, healthcare providers are required to explain the potential risks, benefits, and alternatives, allowing you to make an educated decision about your care. If you underwent a procedure without fully understanding the associated risks or without being given an opportunity to consent based on the information provided, and you suffered harm as a result, it may be time to consult a malpractice attorney.


Signs of lack of informed consent include:

  • Not being told about potential risks of a treatment, medication, or surgery.
  • Failing to explain alternative treatment options that could be less risky.
  • Performing a procedure or treatment that you did not fully understand or agree to.


3. Failure to Follow Standard Medical Protocols

Every healthcare provider is bound to abide by an established standard of care when treating patients. When these standards are neglected, it can lead to patient harm. This includes errors that happen in nursing homes, hospitals, outpatient clinics, and other healthcare settings.


Common failures include:

  • Failure to follow proper sterilization techniques, leading to infections or surgical errors.
  • Negligence in monitoring patient vital signs after a procedure, resulting in avoidable complications.
  • Ignoring warning signs from test results or symptoms that should have led to further investigation or treatment.


4. Unexpected Complications or Death Following Medical Treatment

All medical treatments come with some degree of risk. However, if you experience unexpected, severe complications that were not adequately explained, managed, or could have been prevented, it may indicate negligence. A lawyer can help determine if the healthcare providers involved failed to meet the expected standard of care.


Examples include:

  • Infections that could have been avoided with proper hygiene or post-operative care.
  • Fatal complications that occur due to preventable errors, such as anesthesia mistakes or incorrect medication dosages.
  • Severe, unexplained side effects from a treatment or medication that was not adequately monitored or explained.


5. Delayed Diagnosis or Misdiagnosis Leading to Harm

Misdiagnosis or delayed diagnoses are particularly harmful in conditions such as cancer, heart disease, and infections, where early intervention can drastically improve outcomes. If your condition was not diagnosed early enough, or you received the wrong diagnosis, and your health significantly declined as a result, malpractice may be to blame.


Key signs include:

  • Incorrect diagnosis of your condition that leads to inappropriate or harmful treatments.
  • Delayed diagnosis, such as failing to identify a life-threatening illness (e.g., cancer or heart attack) in a timely manner, causing the disease to progress to a more advanced and difficult-to-treat stage.
  • Failure to order necessary tests or misinterpretation of test results (e.g., blood work, scans, or biopsies) that delay the diagnosis and worsen the condition.


If any of these signs apply to you or a loved one, it may be time to consult with a medical malpractice lawyer. A legal professional can review your case, consult with medical experts, and determine whether your situation meets the criteria for malpractice in Louisiana. The experienced attorneys at MGM can help you navigate the legal system and fight for the compensation you deserve.

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