Opelousas Medical Malpractice Attorney

Medical Malpractice

As patients, we expect medical professionals to deliver the highest standard of care. The medical field is unlike any other.


An error by a physician can have much more serious consequences than an error by a sales person or an attorney. A medical malpractice error can result in severe injury or death.


Johns Hopkins published a study which shows that medical errors are the third-leading cause of death in America.


Institute for Safe Medical Practice estimates that each year medical errors cost the healthcare system more than 3.5 billion U.S. dollars and injured at least 1.5 million Americans.


Not every unfortunate result from medical care is a medical malpractice case. Patients must prove a few things to have a legitimate case.


First, there must be proof that a doctor/patient relationship existed. Second, the patient must prove that there was a breach in the standard of care. Finally, that the breach directly caused injury to the patient.


Standard of care is basically, what is widely used by healthcare professionals. The term is also called standard therapy, standard medical care, and best practice.

Filing a claim

The duties that healthcare professionals owe their patients are:

  • deciding whether to treat a patient
  • deciding how to treat a patient
  • administering treatment

A breach of any of these duties may give a cause of action for negligence. The patient may recover damages from his doctor.


If you require expensive, ongoing care as a result of your injuries, it is a good sign you may have a case. The attorneys and staff at The Law Offices of L. Clayton Burgess have 20 years of experience with medical malpractice cases. We can help you determine if your situation qualifies by:

  • evaluating your case
  • investigating the incident to determine fault
  • arranging a medical expert testimony
  • deal with the insurance company on your behalf

If you or a family member suffered an injury or fatality due to a medical malpractice error while under a doctor’s care, you have the right to financial compensation. We have experience helping injured medical patients get the answers to questions about their possible case. Furthermore, we can help you receive compensation for resulting medical costs, lost wages and pain and suffering. Call our Opelousas, Louisiana personal injury attorneys to discuss your case.


Call our office today for 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!

Medical Errors are the Third Leading Cause of Death in the United States!

If you think you have a medical malpractice case, contact The Law Offices of L. Clayton Burgess Today for a FREE Personal Injury Consultation.

Failure to Diagnose and Treat

Johns Hopkins University found that, “among malpractice claims, diagnostic errors appear to be the most common, most costly, and most dangerous of medical mistakes.”


The most common way in which doctors are negligent by failing to treat a medical condition is when they “dismiss” the presenting symptoms as temporary or minor. This situation may result in a worsening of the underlying condition or injury, causing further harm.


Misdiagnosis and failure to diagnose an illness or injury are the basis of many medical malpractice lawsuits. Even highly competent and experienced doctors make diagnostic errors. Misdiagnosis or failure to diagnose that result in a worsening of the condition can be legally actionable.

Anesthesia Mistakes

Medication errors are common in the health care system. In a recent study, critical incidents occurred most commonly during the middle of anesthesia (42%).

In several studies, human errors caused 65-87% of deaths during anesthesia.

The three most common causes of medication dosing errors were found to be:

  • Inexperience (16%)
  • Unfamiliarity with equipment or device (9.3%)
  • Inattention, haste, or carelessness (all tied at 5.6%)

Reasons for Anesthesia Complications:

  • Too little anesthesia
  • Too much anesthesia
  • Drug interactions
  • Delayed delivery
  • Allergic reaction
  • Failure to properly monitor the patient
  • Defective medical device

Hospital Negligence


Based on data published from 2008-2011, 440,000 Americans experience a preventable injury while hospitalized each year.


In most cases, hospitals cannot be liable for the malpractice of a contracted doctor. However, a number of states hold the hospital responsible if it hires a dangerous or incompetent doctor.


Additionally, hospitals are typically responsible if an employee hurts a patient by acting incompetently.

Don’t Delay, Call Clay!

Contact The Law Offices of L. Clayton Burgess Today for a FREE Personal Injury Consultation.

Emergency Room Errors

According to a study published by BMC Emergency Medicine, most of the mistakes in emergency room departments are caused by human error, Most errors occurred during medical examinations or lab tests (36%). More than half of the unintended events (56%) had consequences for the patient.

The causes of error were human (60%), followed by organizational (25%) and technical (11%) causes. Nearly half of the root causes could be attributed to other departments either in or outside of the hospital.

Surgical Errors


Johns Hopkins researchers estimate that a surgeon in the United States leaves a foreign object such as a sponge or a towel inside a patient’s body after an operation 39 times a week, performs the wrong procedure on a patient 20 times a week and operates on the wrong body site 20 times a week.

Opelousas Medical Malpractice Attorney


If you think you may have a medical malpractice claim, let our attorneys and staff help you. We will hold the responsible parties accountable for their negligence. Call our Opelousas, Louisiana lawyers for a free review of your malpractice case. Don’t Delay, Call Clay!