When the People You Trust with Your Health Cause Harm Instead
Going to the doctor or checking into a hospital means placing your health and safety in someone else's hands. Most of the time, that trust is well placed. But when a physician, nurse, surgeon, or hospital fails to provide the standard of care a patient is owed, the results can be emotionally devastating, painful, and permanent.
At Frischhertz & Impastato, we help New Orleans patients and families sort through what happened, understand their options, and pursue accountability from the medical providers responsible. If you believe you or your loved one was the victim of medical malpractice, reach out to our firm right away. We offer completely free consultations and, if we take your case, there is no cost to you unless we recover compensation on your behalf.
Call (504) 276-6962 to discuss your options with one of our medical malpractice attorneys in New Orleans.
Medical malpractice occurs when a healthcare provider's conduct falls below the accepted standard of care and a patient is harmed as a result. Not every bad outcome qualifies. Medicine involves uncertainty, and even skilled providers cannot control every variable. What separates malpractice from an unfortunate outcome is negligence: a provider did something a reasonably careful professional in the same position would not have done or failed to do something they should have done.
Examples of medical malpractice include:
Misdiagnosis or delayed diagnosis of a serious condition
Surgical errors, including wrong-site surgery or damage to nearby organs
Medication errors, such as incorrect doses or dangerous drug interactions
Birth injuries caused by negligent prenatal or delivery care
Anesthesia errors
Failure to monitor a patient's condition after treatment or surgery
Hospital-acquired infections tied to unsanitary conditions
Premature discharge or failure to refer a patient to a specialist
If something about your treatment felt wrong, or you were later told a complication should have been prevented, it's worth having the details reviewed by an attorney rather than assuming nothing can be done.
Louisiana's Medical Review Panel Requirement
Medical malpractice claims in Louisiana work differently than most other personal injury cases. Before a lawsuit can be filed against a qualified healthcare provider, the claim generally must first go through a medical review panel. This panel, made up of medical professionals and an attorney chairperson, reviews the evidence and issues an opinion on whether the applicable standard of care was met.
This process adds time and complexity that most injury claims don't involve, and the way a case is presented to the panel can shape how it plays out afterward. We prepare each claim with that full process in mind from the outset, rather than treating the panel as a formality to get through.
Proving a Medical Malpractice Claim
Proving medical malpractice occurred is rarely easy. These cases are complicated, requiring the knowledge and skill of an experienced medical malpractice lawyer in New Orleans, like the ones at Frischhertz & Impastato.
To recover compensation, a patient generally has to establish four things:
Duty: The provider had a professional obligation to treat the patient according to an accepted standard of care.
Breach: The provider failed to meet that standard.
Causation: That failure caused the patient's injury.
Damages: The patient suffered real harm as a result, whether physical, financial, or emotional.
Medical records, expert medical testimony, and a clear timeline of treatment all play a role in building this kind of case. We work with qualified medical professionals to evaluate what the records show and where the care fell short.
Filing Deadlines & Damage Limits Unique to Louisiana
Louisiana imposes a shorter and more particular deadline on medical malpractice claims than it does on most other injury cases. Generally, a claim must be filed within one year of the act or omission, or one year from when the patient discovered (or reasonably should have discovered) the injury, but never more than three years from the date of the alleged malpractice. Wrongful death claims tied to malpractice carry their own one-year deadline from the date of death. Because these rules involve several moving parts and limited exceptions, we recommend having any potential claim reviewed quickly so a deadline isn't missed while you're still weighing your options.
Louisiana law also caps the total damages recoverable from a qualified healthcare provider at $500,000, though future medical care costs are handled separately through the state's Patient's Compensation Fund and are not subject to that cap. Not every provider or claim falls under this framework, and how it applies can vary case by case, which is one more reason an early review of your case by a qualified legal professional matters so much.
Why New Orleans Patients Turn to Frischhertz & Impastato
Medical malpractice cases are among the most demanding claims in personal injury law. Hospitals and insurers defend these cases aggressively, and they typically have significant resources behind them. Our New Orleans medical malpractice lawyers bring a combined 85+ years of experience to these fights, along with recognitions from organizations such as Super Lawyers, Lead Counsel, and Martindale®.
A few things set our approach apart:
We exclusively handle personal injury matters, including medical malpractice, so our attention isn't divided across unrelated areas of law.
Every case is handled by an entire team of attorneys with varied backgrounds, not a single lawyer working alone.
We prepare every case as if it will go to trial, because that preparation often makes the difference in how a case resolves.
We take cases on a contingency fee basis, meaning there's no upfront cost and no fee unless we recover compensation for you.
We have recovered more than $700 million in total for injured clients in New Orleans and across Louisiana.
Discuss Your Case With an Experienced Attorney Today
If you or a loved one was harmed by a medical provider's negligence, you don't have to sort through what happened on your own. These cases are subject to a strict clock. The sooner your records are reviewed, the more options you're likely to have.
Frischhertz & Impastato represents patients throughout New Orleans in medical malpractice claims involving hospitals, physicians, and other healthcare providers. Contact us as soon as possible for a free consultation to discuss what happened and what steps make sense for your situation.
Talk to a medical malpractice attorney in New Orleans today. Call (504) 276-6962 or contact us online for a completely free consultation.
A compilation of the Frischhertz & Impastato attorneys and staff at work and interacting with clients.
Before You Sign AnythingThat Settlement Offer Isn't Their Final OneIt's Their First One
Adjusters open low on purpose, betting you won't push back. We push back for a living. Let us look at the offer before you accept it — it costs nothing, and it might be the most valuable five minutes you spend on this case.
