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At Lamothe Law Firm of New Orleans, our malpractice attorneys focus their personal injury practice on representing those injured by medical malpractice and professional negligence, whether by a physician, doctor, nurse, hospital, emergency room or other medical provider.


Medical malpractice or professional negligence is the failure of a health care provider to render care in keeping with good and accepted medical techniques and principles. In other words, a doctor, nurse or technician does something not in keeping with good practice or fails to do something necessary for a patient’s good care. This is called a violation of the standard of care. This can take the form of surgical errors, anesthesia errors, wrong diagnosis, late diagnosis, failure to diagnose, wrong treatment, wrong medication, failure to follow accepted protocols, failure to make use of available technology, and a host of other situations where the medical care given – or not given — caused damage to the patient.

Medical malpractice or medical negligence can exist in any situation;
however, the following areas are especially prone to medical errors:

• Acute Abdomen/Surgical of Abdomen
• Surgery of Female Anatomy including hysterectomies
• Aspiration Pneumonitis/Mendelson’s Syndrome
• Beta Strep Testing for pregnant women
• Birth Injuries causing Fetal Damage or Death
• Failure to Diagnose and Treat Medical conditions

• Failure to Prevent and Treat Infections
• Fetal Anoxic Brain Injury/Faulty Fetal Heart Monitoring
• Gastric Bypass Surgery/ Roux-En-Y Procedure/Stomach Stapling
• Hypertensive Crisis/High Blood Pressure Crisis
• Non-Small Cell Carcinoma/Lung Cancer Rapid Assays

Who Can Bring a Medical Malpractice Claim?

When a patient is injured due to medical negligence, the patient may bring a personal injury lawsuit, and make a claim for pain and suffering, loss of wages and medical expenses. If the injuries are severe, permanent and disabling, members of the patient’s family – spouse, children or parents – might have a claim. If the patient dies as a result of medical malpractice, the patient’s family possibly could have a claim, depending upon many factors. When a claim is made, the recovery generally is based on pain and suffering, medical expenses and loss of estate.

Who Can Be Sued for Medical Malpractice?

Anyone who has caused injury to the patient because of professional negligence may be named as a defendant in a medical malpractice lawsuit. Governmental entities and health care professionals employed by them may stand in a different position in the eyes of the law. For example, a medical negligence suit against a hospital owned by a public entity will be handled differently than a private claim. A patient’s claim is much more restricted both in what must be proven in order to establish legal responsibility as well as in the amount of damages that may be recovered. When a patient is injured in a hospital owned by the federal government, such as a Veterans Administration hospital, the lawsuit must be brought under the Federal Tort Claims Act.

How Do I Pay for a Medical Malpractice Attorney?

Lawyers who handle medical malpractice cases should be working on a pure contingency fee basis. This means you should not pay any fees or costs unless you first recover. This helps to guarantee you have a legitimate case that should be pursued under the law.

How Do I Choose a Medical Malpractice Lawyer?

Most important, determine whether the attorneys you are considering focus their practice on handling medical malpractice cases, and whether they have a record of successfully litigating these type cases.

Medical malpractice cases are some of the most challenging types of personal injury lawsuits to win. Medicine is not generally an exact science, so proving what should have been done differently is not always easy. Finding doctors who will testify against their colleagues can also be challenging, but there are health care professionals who care more about the integrity of their profession and high standards of care than about camaraderie on the golf course and at medical conventions.

When the Lamothe Law Firm accepts a medical malpractice case, it is committed to achieving a successful outcome for the client. Additionally, the Lamothe Law Firm has an experienced nurse as part of our legal team to assist in case preparation.

Choose a Law Firm That Has a Reputation As Being One of the Best in the Country

Leading attorney Frank Lamothe is listed in every edition for past 30 years for Personal Injury.

Lamothe Law Firm selected as one of the Best Law Firms – Personal Injury.

Frank Lamothe has received a Martindale-Hubbell AV Preeminent ranking for the past 35 years, which is the best possible rating, given by other attorneys.

Frank Lamothe is a member of the American Board of Trial Advocates, available to top trial attorneys in the country by invitation-only.

Rated by New Orleans Magazine as one of the Top Lawyers in the city.

Awarded to the top 5% of personal injury lawyers in Louisiana, Frank Lamothe has received this honor every year since 2007.

National Association of Distinguished Counsel Top One Percent in the Country

Top Trial Lawyers in America – For attorneys who have recovered millions of dollars for their clients. Fewer than 1% of lawyers are members.

The National Trial Lawyers: Top 100, Frank Lamothe, member by invitation-only.

New Orleans CityBusiness Leadership in Law winner based on professional & community involvement and achievements – 2014 and 2015, Frank Lamothe.


400 Poydras Street, Suite 1760
New Orleans, LA  70130  
(504) 704-1414