New Orleans Medical Malpractice Lawyers
Car accidents can be life-altering events, often resulting in serious injuries that require immediate medical attention. Unfortunately, the medical care provided post-accident can sometimes lead to further harm due to medical malpractice. If you or a loved one has experienced medical malpractice following a car accident in New Orleans, Alvendia, Kelly & Demarest Law is here to help you with the legal complexities and secure the compensation you deserve.
Understanding Medical Malpractice After Car Accidents
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, harming the patient. In the aftermath of a car accident, victims rely heavily on medical professionals for treatment and recovery. When medical negligence happens during this critical time, it can lead to additional injuries, prolonged recovery periods, or even wrongful death.
Common Causes of Car Accidents Leading to Medical Treatment
Understanding the causes of car accidents is essential for establishing fault and determining the necessity for medical intervention, which may subsequently lead to malpractice if not properly managed.
Driver Negligence or Fatigue
According to the National Highway Traffic Safety Administration (NHTSA), drivers are responsible for 94% of car accidents. Common driver-related causes include:
- Driver Inattention: Failing to focus on the road.
- Distractions: Using mobile devices, eating, or other distractions inside or outside the vehicle.
- Failure to Look: Check surroundings before making maneuvers.
- Decision Errors: Speeding, illegal maneuvers, misjudging other vehicles’ speed or distance.
Bad Weather
Approximately 2% of accidents result from adverse weather conditions such as rain, snow, or slick roads. These accidents can be severe and often require immediate and specialized medical care.
Vehicle Maintenance Neglect
Another 2% of crashes are due to vehicle part failure or poor maintenance. Neglecting regular vehicle upkeep can lead to mechanical failures that cause accidents, which can hold the vehicle owner or company liable.
Identifying Negligence in Medical Malpractice Cases
Identifying negligence is crucial in a medical malpractice case. To establish a claim, you must prove that the healthcare provider:
- Owed a Duty of Care: The patient and the provider had a professional relationship.
- Breached the Standard of Care: The provider must act as a competent professional under similar circumstances.
- Caused Injury: The breach directly resulted in harm to the patient.
- Resulted in Damages: Physical, emotional, or financial losses occurred due to the injury.
Recognizing Signs of Medical Malpractice:
- Unnoticed Complications: Post-surgical complications that were not adequately monitored.
- Premature Discharge: Being sent home before proper recovery time.
- Errors in Diagnosis or Treatment: Incorrect diagnosis or inappropriate treatment plans.
- Lack of Informed Consent: Performing procedures without informing the patient of risks.
“Identifying negligence is crucial in a medical malpractice case.”
Why Taking Legal Action is Important?
Taking legal action is essential to:
- Hold Negligent Parties Accountable: Ensures that those responsible for malpractice are held responsible, preventing future incidents.
- Secure Compensation: Covers medical bills, lost wages, pain and suffering, and other damages.
- Ensure Justice: Provides closure and justice for victims and their families.
Not all adverse medical outcomes are due to malpractice. Consulting with an experienced attorney helps determine the validity of your claim and guides you through the legal process.
How Alvendia, Kelly & Demarest Law Can Help You?
At Alvendia, Kelly & Demarest Law, we specialize in medical malpractice cases stemming from car accidents in New Orleans. Our dedicated team offers:
- Expertise: Years of experience in personal injury and medical malpractice law.
- Personalized Attention: We treat every case with the utmost importance, ensuring personalized legal strategies.
- Proven Results: A track record of successful settlements and verdicts that favor our clients.
- No Upfront Fees: We operate on a contingency fee basis—you don’t pay unless we win your case.
Our attorneys understand the complexities of medical malpractice and are committed to advocating for your rights.
What to Do If You Suspect Medical Malpractice
If you believe you’ve been a victim of medical malpractice after a car accident, follow these steps:
- Seek Medical Attention: Prioritize your health and ensure you receive proper medical care.
- Document Everything: Keep detailed records of treatments, symptoms, medications, and communications with healthcare providers.
- Avoid Discussing Your Case: Consult your attorney before speaking with insurance companies or other parties.
- Contact Alvendia, Kelly & Demarest Law: Schedule a free consultation to evaluate your case and discuss your legal options.
Acting promptly is crucial, as there are time limits for filing malpractice claims.
Frequently Asked Questions
What is medical malpractice in the context of car accidents?
Medical malpractice refers to negligent medical care received after a car accident, leading to additional injuries or harm.
How do I know if I have a medical malpractice case?
If a healthcare provider’s negligence caused further harm beyond your car accident injuries, you might have a case. Consulting with our attorneys can help assess your situation.
What compensation can I receive from a medical malpractice lawsuit?
Compensation may cover medical expenses, lost wages, pain and suffering, and other related damages.
How long must I file a medical malpractice claim in Louisiana?
Louisiana has a one-year statute of limitations from when the malpractice was discovered. It’s essential to act promptly to preserve your rights.
Why choose Alvendia, Kelly & Demarest Law for my medical malpractice case?
Our firm has a proven track record, specialized expertise in medical malpractice, and a commitment to personalized client care, ensuring you receive the best possible representation.
Medical malpractice after a car accident can compound a stressful and challenging situation. The additional injuries and complications can significantly impact your recovery and quality of life. Alvendia, Kelly & Demarest Law is dedicated to supporting you through this difficult time, protecting your rights, and helping you secure the compensation you need to move forward. You don’t have to face this challenge alone—let our experienced attorneys advocate on your behalf.
Don’t wait to seek the justice you deserve. Contact Alvendia, Kelly & Demarest Law today for a free consultation to get started. Let us help you navigate the complexities of your case and work towards the best possible outcome for you and your family.