New Iberia Malpractice Attorney

Medical Malpractice

Our health is trusted to the hands of medical professionals throughout our lives. We trust nurses, doctors, emergency rooms, and hospitals to take care of our families. We expect the highest level of care from these professionals.

Unlike any other field, an error in the medical field has serious and even deadly consequences. Indeed, according to Johns Hopkins, medical errors are now the third leading cause of death in the United States. The Institute for Safe Medical Practice says that medical errors injure 1.5 million Americans and cost the healthcare system more than $3.5 billion a year.

Standard of Care

Not every mistake or unfortunate event by a physician or hospital is a medical malpractice case. For there to be a legitimate case, an injured patient must prove a few things. The first, is that there was a doctor and patient relationship that existed. Second, the doctor breached the standard of care given to the patient. Finally, it must be shown that the breach caused direst injuries to the patient. You need help from a medical malpractice attorney to determine if you have a case.

The term standard of care refers to proper treatment accepted and used by most medical professionals. It is also called standard medical care, standard therapy, and best practice.

Filing a Malpractice Claim

Healthcare providers owe their patients a duty in:

  • Making the decision on whether or not to treat a patient.
  • Deciding what treatment to use.
  • Caring out the treatment.

When a medical professional breaches any of these duties, it can be a cause of action due to negligence.

A patient has the right to recover damages from a negligent healthcare provider. A good sign that you have a medical malpractice case is if you require ongoing, expensive treatment for your injuries.

The New Iberia team at The Law Offices of L. Clayton Burgess has over 20 ears of experience with these cases. Our talented staff and attorneys can determine if your case qualifies as a medical malpractice suit by:

  • evaluate all aspects of your case
  • investigate the incident where your were injured to determine liability
  • enlist the help of expert medical testimony
  • handle insurance companies and high priced lawyers on your behalf

If you or a family member suffered an injury or death at the hands of a medical professional, you have the right to pursue financial compensation. Compensation can include:

  • resulting medical costs
  • lost wages
  • pain and suffering
  • funeral expenses and loss of consortium in a wrongful death

With medical error as the 3rd leading cause of death in America, there are several different causes for needing a medical malpractice attorney. A hospital can be liable for the death or injury of a patient. Emergency rooms often see medical errors. Mistakes during anesthesia are common. Surgical errors are so common, they cost the healthcare system $1.3 billion in the course of a study of 9,000 claims. The most common malpractice cases are a doctor’s failure to diagnose and treat a patient correctly.


Call our New Iberia, Louisiana office to speak with a medical malpractice attorney. Schedule a FREE review of your personal injury case. We typically work on a contingent agreement basis, which means our fees are contingent upon the outcome of your case.


Don’t Delay! You may have a valid claim! Let us help you get your compensation before the statute of limitations expires!

Don’t wait to get started. Contact a medical malpractice attorney.

Contact Our New Iberia Team at the Law Offices of L. Clayton Burgess Today!

Hospital Negligence

Every year, 440,000 Americans experience preventable injuries while they are being hospitalized.

A hospital can be deemed liable for a patient’s injuries that are a result of a staff member’s negligence. The most common reasons for hospital mistakes include:

  • Communication errors between medical staff and departments
  • insufficient nursing and other staff
  • Issues in cleanliness

In some cases, a hospital can not be considered liable for the negligence of contracted doctor. However, if a  hospital uses poor screening and hires an incompetent doctor, they are responsible for any resulting damages the doctor may have caused.

Failure to Diagnose and Treat

Failure to diagnose and treat an illness or injury is the basis of many medical malpractice lawsuits.

Indeed, “diagnostic errors appear to be the most common, most costly, and most dangerous of medical mistakes,” according to Johns Hopkins University.

The most common form of negligence is when a doctor fails to treat a patient because they “dismiss” symptoms as minor or temporary.

Diagnostic failures cause patients to suffer needlessly. Examples of these failures can include:

  • insufficient tests
  • failing to obtain patient history
  • delayed diagnosis

Anesthesia Mistakes

42% of critical medical incidents occur during anesthesia.

Common Mistakes and Complications:

  • too much anesthesia
  • too little anesthesia
  • allergic reaction
  • drug interactions
  • failing to monitor patients
  • wrong dose calculation
  • overtime and odd working hours
  • insufficient staff
  • poor communication
  • swapping or confusing labels

Emergency Room Errors

The National Institutes of Health says that more than half of emergency room claims are due to two types of errors:

  • 37% are diagnostic errors
  • 17% are improper performance of procedures

The Doctors Company found:

  • 52% of emergency room doctor’s assessments were incomplete or wrong
  • 21% the emergency room didn’t have the proper equipment for patients
  • 17% were caused by miscommunication between medical providers

A study published by BMC Emergency Medicine found:

  • 60% of emergency room errors were human error
  • 25% were organizational error
  • 11% were technical errors

Surgical Errors

A surgical “never event”is a mistake that should have never happened during surgery. According to Johns Hopkins Medicine, 4,000 surgical never events occur every year.

Common never events:

  • Objects left in the body 49.9%
  • Incorrect procedure 25.1%
  • Wrong part of the body 24.8%
  • Wrong patient .3%

Johns Hopkins also reports that a surgeon will:

  • leave a foreign object inside the body of a patient 39xs a week
  • operate on the wrong part of the body 20xs a week
  • operate on the wrong patient 20xs a week

New Iberia Medical Malpractice Lawyer

If you or a loved one has suffered because of the negligence of a medical provider, contact  the New Iberia team at The Law Offices of L. Clayton Burgess as soon a possible. There may be time limits on your case, so the sooner we can get started, the better.

Our talented staff and attorneys has 20 years of experience with medical malpractice cases; winning $millions for our clients in settlements and verdicts.

We will investigate your injury thoroughly and pursue the maximum settlement possible to ensure you and your family do not lose your standard of living.

Let us get started today!

Don’t Delay, Call Clay!