Do Medical Malpractice Laws Protect Undocumented Workers?

Last year, a local State Representative attempted to pass legislation that prevented undocumented workers from filing medical malpractice claims if they were injured due to the negligence of a doctor.  This discriminatory legislation DID NOT PASS and is not the law in Louisiana today.  However, the attempt to pass this legislation has created confusion in the Hispanic Community.

The Federal and State Constitutions provide rights and protections to all people, not just to citizens  and residents of this country.  This means that local residents, citizens and even undocumented workers have the right to bring a medical malpractice action against a doctor in Louisiana.

Most medical malpractice in this country is not recognized by the patient or their family.  Many times, the doctor or nurse does not tell the family that the patient suffered medical malpractice.  They simply tell the family or patient that a “complication” or “bad outcome” occurred. 

However, not every bad outcome means that medical malpractice was committed by a doctor.  How are you supposed to know the difference between a complication that is not medical malpractice and a bad outcome that is caused by medical malpractice?  In order to determine if medical malpractice occurred, it is often necessary to have the medical records reviewed by a trained legal and medical professional.  Some common types of medical malpractice include:

  • Delay in diagnosing Cancer;
  • Failure to diagnose a heart attack;
  • Delay in diagnosing a Stroke;
  • Birth Injuries;
  • Surgery mistakes
  • Giving wrong medications or giving too much medication;
  • Brain Injuries

  If you suspect that you or someone you know may have been the victim of medical malpractice, it is extremely important that you contact an experienced attorney who handles medical malpractice cases.  Not every attorney has the training and expertise to handle these very complicated cases.    Like doctors, lawyers often specialize in particular areas of the law.  You would not go to a heart surgeon to handle a matter with your brain. 

 Thus, you should not go to a car accident attorney to handle a medical malpractice case.  A few local attorneys actually have a Board Certification in medical malpractice.  This means that they have passed a rigorous special exam on medical malpractice and has years of experience handling these cases.


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