Litigation & Trial Practice

Medical Malpractice

One of Hudson, Pott’s & Bernstein’s largest practices areas is the defense of medical malpractice claims...

One of Hudson, Pott’s & Bernstein’s largest practices areas is the defense of medical malpractice claims. The majority of the firm’s partners have dedicated their careers to the defense of medical malpractice lawsuits, representing providers and facilities in six states. Our attorneys realize that there is nothing more important to a healthcare professional than their reputation. To that end, our attorneys take seriously the trust placed in them by their healthcare clients and are dedicated to aggressively and thoroughly vindicating them from allegations of malpractice.

Ancient Hebrew law dictated that if a doctor treated a patient and harmed them or caused their death, then that doctor should have his hands cut off.

Today’s medical malpractice laws are less brutal but no less important. These laws are in place to protect both doctor and patient.

Accidents happen, this is an imperfect, unpredictable world. But sometimes humans, through their own negligence, create those accidents. Other times, the humans in no way contribute to the accident.

We know how a malpractice claim can ruin a doctor’s reputation, even if they were not to blame. As a healthcare professional, you need the experience and knowledge that you find at Hudson, Potts & Bernstein.

01What are the Liabilities of a Medical Doctor?

According to medical malpractice law, a doctor’s liability is determined by the laws of the state in which he or she practices regarding the standard of care. There are three basic elements of this standard of care:

The health care professional or doctor must always act in the patient’s best interest, ensuring that the patient will not be harmed during the treatment and that the basis for the treatment is to improve the well being of the patient. The health care professional or doctor have a responsibility to maintain accuracy, in fact, finding while investigating a patient’s complaint and in diagnosing the patient to the best of his or her abilities, employing the most current methodology. The health care professional or doctor has a responsibility to develop an appropriate and prompt treatment schedule that will address any medical issues the patient may have in order to reduce the risk of further damage or degeneration.

What are the Liabilities of a Medical Doctor?

02What is the Cap or Limitation on Damages

Under the Louisiana Medical Malpractice Act, a qualified healthcare provider cannot be held liable for an amount that exceeds $100,000, plus legal interest and specific costs.

Malpractice claims for death of a patient or injury of a patient, exclusive of medical care and associated benefits in the future, the amount cannot be greater than $500,000, plus legal interest and specific costs. No matter the degree that which the healthcare provider was at fault, or the severity of the patient’s injury, the $500,000 limitation on damages can’t be exceeded as it applies to general damages that include loss of wages or earnings or pain and suffering.

What is the Cap or Limitation on Damages

03What are the Possible Legal Consequences of Medical Malpractice?

A doctor who has been accused of medical malpractice is likely to find themselves under intense scrutiny. The investigation can be rigorous and if the doctor is found guilty then there are consequences that can occur.

However, loss of license is rarely one of them. Few doctors lose their medical licenses after they are sued for malpractice. They may be suspended or have practice limitations. They may also be required to pay damages.

If a malpractice case is made public or becomes high profile, it can ruin the doctor’s reputation. At Hudson, Pott’s & Bernstein we work hard to protect your professional and personal reputation as much as we work to protect your rights.