Legal & Medical Malpractice
Bateman Law Firm fights to hold legal and medical professionals accountable when their negligence causes harm to clients and patients. We understand the complex legal landscape surrounding professional liability claims in Louisiana.
Suffering damages or injuries due to the conduct of a negligent attorney or medical professional is unacceptable. We advocate on your behalf and take care of every aspect of your case while guiding you toward recovery and moving forward after the injury.
Louisiana Legal Malpractice Lawyer |
Medical Malpractice Attorney | Baton Rouge
LEGAL MALPRACTICE
Louisiana Legal Malpractice Attorney
In Louisiana, legal malpractice occurs when an attorney's negligent behavior falls below the accepted standard of care that a reasonably competent attorney would be expected to follow under the same or similar circumstances.
Asserting a legal malpractice claim involves introducing evidence which proves that the attorney was negligent in their actions or inactions, and that the attorney's negligent behavior directly resulted in damages to the client or a negative outcome.
Elements of a Louisiana Legal Malpractice Claim:
Attorney-Client Relationship
A formal or implied relationship existed between the client and attorney, establishing a duty of care on the part of the attorney.
Breach of Duty
The attorney fell below the accepted standard of care that a reasonably competent attorney would follow under the same or similar circumstances.
Examples include:
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Missing deadlines
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Providing incorrect or misleading legal advice
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Misusing client funds
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Failing to conduct adequate discovery
Causation
The attorney's negligent actions or inactions directly led to damages or injuries to the client. This often involves introducing evidence that "but for" the attorney's negligent behavior, the client would have received a better outcome in the legal matter.
Damages
The client must prove they suffered actual harm or financial loss because of the attorney's actions or failure to act.
Louisiana Legal Malpractice Statute of Limitations
The time period for filing a legal malpractice claim is one year from the date when the client discovered or should have known about the attorney's negligent actions or failure to act. Legal malpractice claims in Louisiana are subject to a three-year peremptive period.
What To Do After Suspecting Legal Malpractice
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Document Everything – Preserve all communications, documents, evidence, or other information involving interactions with your attorney and anything related to the underlying legal matter
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Seek a Second Opinion – Seek advice from a trustworthy and experienced legal malpractice attorney who will review your case and advise you on how to move forward
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Act Quickly – Contact an experienced attorney as soon as possible if you suspect legal malpractice has occurred and stay mindful of the one-year prescriptive period
Remedies Available for Louisiana Legal Malpractice Victims
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Out-of-pocket expenses – Recovery for monetary damages suffered due to an attorney's negligent behavior, such as lost settlements, judgments, or additional legal fees incurred
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Financial losses – Compensation for fees paid to the negligent attorney
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Lost profits or earnings – Recovery of lost profit or earnings if the negligent attorney's behavior resulted in loss of income or business opportunities
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Emotional distress – In limited cases, clients can recover damages for emotional distress if the attorney's behavior was especially heinous and caused immense emotional or physical harm
MEDICAL MALPRACTICE
Louisiana Medical Malpractice Attorney
In Louisiana, medical malpractice occurs when a healthcare provider such as a doctor, nurse, or hospital exhibits negligent behavior which falls below the accepted standard of care that a reasonable healthcare provider is expected to follow under the same or similar circumstances.
Asserting a medical malpractice claim involves introducing evidence which proves that the healthcare provider was negligent in their actions or inactions toward the patient, and that the healthcare provider's negligent behavior directly resulted in injuries or damages to the patient.
Elements of a Louisiana Medical Malpractice Claim:
Standard of Care
Your healthcare provider is expected to follow the accepted medical procedures that a reasonably prudent healthcare provider would follow within the same specialty under the same or similar circumstances.
Breach of Standard of Care
Your healthcare provider fell below the standard of care that a reasonably prudent healthcare provider would follow under the same or similar circumstances.
Examples include:
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Misdiagnosis or delayed diagnosis
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Surgical errors
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Prescribing wrong medication
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Failure to provide appropriate treatment
Causation
The healthcare provider's negligent actions or inactions were a direct result of the injuries or damages suffered by the patient.
Damages
Actual harm was suffered by the client as a result of the healthcare provider's negligent behavior.
Louisiana Medical Review Panel Requirement
Louisiana law requires a majority of medical malpractice claims to be introduced and analyzed by a Medical Review Panel composed of medical professionals and an attorney before a lawsuit can be filed in court. This allows the medical review panel to review the evidence and decipher whether the healthcare provider's behavior fell below the accepted standard of care.
Louisiana Medical Malpractice Statute of Limitations
The time frame for filing a medical malpractice claim in Louisiana is within one year from the date of the alleged act, omission, or neglect, or within one year of the discovery of the injury. However, a patient asserting a medical malpractice claim in Louisiana may not file the claim any later than three years from the date of the negligent act.
What To Do After Suspecting Medical Malpractice
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Seek immediate medical attention – If you suffered an injury or damages as a result of a healthcare provider's medical negligence, seek immediate care from another healthcare provider to prevent further harm
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Gather and preserve materials – Gather and preserve all documents, medical records, medical bills, and other information related to your injury and communications between you and your healthcare provider
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Document your experience – Keep a detailed list of your symptoms, relevant treatment, and the impact the injury has had on your daily life
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Consult a medical malpractice attorney – Contact an experienced medical malpractice attorney as soon as possible to evaluate your claim
Remedies Available for Louisiana Medical Malpractice Victims
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Medical expenses – Recovery for past and future costs related to the injury
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Lost profits or earnings – Recovery for lost profit or earnings if the injury caused loss of income or business opportunities
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Pain and suffering – Compensation for damages resulting from physical pain and emotional distress experienced due to the injury
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Other economic loss – Compensation for costs of long-term care or rehabilitation due to the injury suffered