Negligence at a pain management clinic can result in a medical malpractice case against the facility or its healthcare providers. To establish liability, the case must show that the party in question failed to adhere to the standards accepted among the professional community for medical care when treating you or your loved one for chronic pain.
The case must further show that you suffered injuries and losses, such as prolonged suffering and expenses, as a result. Contact Sangisetty Law Firm today to speak with an experienced New Orleans pain management clinic negligence lawyer to learn more.
Examples of Negligence in Pain Management Clinics
Clinics focusing on alleviating pain through medication may face legal trouble for errors arising from negligence. Injury cases can result from such actions as:
- Improper performance of a treatment procedure, such as injection mistakes, causing nerve damage or other injuries
- Improper medication regimen management, such as mismanagement of medications or a lack of monitoring
- Undertreating or inadequate pain management and relief, such as dismissing complaints, refusal without justification, or delaying treatment and referrals
- Mistakes in diagnosis, such as failure to identify underlying conditions causing pain and discomfort
- Improper management during treatment, including inadequate oversight, follow-up, monitoring, or re-evaluation, leading to complications or worsening conditions
A New Orleans attorney with experience in the legal and healthcare fields could answer specific questions about your pain management clinic negligence case during an initial consultation.
What Is Needed to Prove Fault?
To establish that a pain management medical clinic in New Orleans was negligent, a lawyer must prove all the necessary elements of fault in a medical malpractice claim. The first element is establishing a duty of care by demonstrating a doctor-patient relationship. The second is identifying a breach caused by deviation from standard practices. Third, the case must include evidence of a solid link between the violation of conduct and the harm suffered by the patient. The fourth element is documentation or verbal testimony to support that the plaintiff suffered damages as a result of the medical care services. Documentation may include hospital bills, written statements, expert testimony, or pictures.
Damages
Lawsuits against medical providers can result in payment to compensate the patient for medical care and services required because of their injuries, lost wages, transportation costs for healthcare appointments, and ongoing treatment and services. The court may also award payment for pain and suffering and other non-economic damages.
Deadline for Filing a Legal Claim Against a Pain Management Clinic
Louisiana’s personal injury law establishes a prescriptive period, or statute of limitations, limiting the time to commence legal action for medical malpractice cases. Under Louisiana Revised Statutes Title 9, § 5628, the injured patient must prepare and file the case within one year. That could mean one year from the date of the negligent actions that led to your injuries, your last appointment with that provider, or the date your injuries were discovered.
Another crucial time limitation for you to be aware of is the statute of repose, which requires that plaintiffs file all malpractice claims within three years of receiving the healthcare services from the defendant, despite the date of discovery. Our skilled lawyer in New Orleans can manage the legal work and filings to ensure compliance with the rules and regulations for pain management clinic negligence cases.
Contact a Qualified Pain Management Clinic Negligence Attorney in New Orleans
If you suffered harm due to a medical provider’s negligence while seeking pain management services, you have every right to take legal action to hold them accountable. Healthcare professionals and facilities must meet the accepted standard for every patient they treat or face legal consequences.
Our New Orleans pain management clinic negligence lawyer knows the challenges you face, and could help you every step of the way. If you are based in Louisiana, Mississippi, or Alabama, call the team at Sangisetty Law Firm today and schedule a free consultation to review your legal options.