When you seek medical attention for a serious condition, such as blocked arteries or a tumor, you trust your provider to act promptly. New Orleans failure to operate malpractice cases often arise when a provider delays or avoids surgery despite clear medical indications. In many instances, this could lead to serious harm.
At the Sangisetty Law Firm, we have the experience to guide you through this challenging situation. We help you pursue justice and compensation when a delayed or missed operation threatens your health and well-being. Medical malpractice cases involving a failure to operate are complicated. Having a skilled surgical error attorney on your side could make a significant difference in the outcome of your claim.
What Qualifies as a Failure To Operate?
Not every bad outcome is malpractice. However, if a healthcare provider unreasonably delayed or omitted surgery and caused harm, you may have valid grounds to take legal action. In New Orleans, a malpractice claim for failure to operate may focus on:
- Delay in diagnosing a surgical need
- Failure to communicate the need for surgery
- Waiting past the optimal window to operate
- Not referring to a specialist when surgery was indicated
- Choosing conservative treatment when surgery was medically necessary
- Institutional delays that cause a failure to operate, such as hospital staffing, poor scheduling, lack of resources
These situations could compound harm. At the Sangisetty Law Firm, we are prepared to review your records and collaborate with medical experts to demonstrate that timely surgery would have resulted in a better outcome. Additionally, we strive to demonstrate that the healthcare provider fell short of the standard of care.
Proving a Failure To Operate Claim
Medical malpractice cases in New Orleans involving a failure to operate are treated similarly to any surgical error or misdiagnosis. A successful claim must prove:
- A duty to operate within a reasonable timeframe
- A breach, such as an unreasonable delay or failure to operate
- Causation that shows that the injuries resulted directly from the delay or omission
- Documented damages, such as a worsened condition
Expert testimony can be used to demonstrate when surgery should have been performed. At the Sangisetty Law Firm, we collaborate with top medical specialists, including orthopedic surgeons, neurosurgeons, and vascular surgeons, to ensure that each case demonstrates that a different course of action would have prevented the injuries from occurring.
The Role of Legal Advocacy
Malpractice claims involving surgical delays in New Orleans are complex. The healthcare provider’s insurance company may argue that the surgery carried risks or that the patient’s health would have declined regardless. Without legal representation, these defenses could weaken a medical malpractice claim.
Our team works to ensure that each medical malpractice case is fully prepared to support the best outcome for our clients. This includes:
- Organizing clear timelines and records showing the deterioration
- Using medical experts to link the patient’s worsening condition directly to the failure or delay
- Documenting all foreseeable consequences resulting from the failure or delay
At Sangisetty Law Firm, we focus on making sure the impact on your health is recognized. You deserve to have your legal rights protected and to pursue compensation for your declining health.
Contact Our New Orleans Malpractice Attorneys to Discuss Your Delayed Surgery Claim
A doctor’s failure to operate when needed could cause permanent harm. You deserve justice.
Call our team today to discuss your situation with an experienced lawyer who understands New Orleans failure to operate medical malpractice cases. We offer free consultations to discuss the details of your harm and explain your options. Our team has the medical malpractice expertise to help you hold negligent healthcare providers accountable and pursue the compensation you deserve.