Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
Being injured in a car accident is traumatic enough—but what if the medical treatment you receive afterward actually makes things worse? Most people don’t expect to suffer more harm at the hands of doctors they trust. Unfortunately, car accident medical malpractice is a very real issue. If a healthcare provider’s negligence after your crash caused new injuries or worsen your condition, you may have a valid legal claim.
In this guide, we’ll break down exactly what car accident medical malpractice is, how it happens, and what steps you can take to protect your rights.
Understanding Medical Malpractice in the Context of Car Accidents
After a serious car accident, you may end up in the emergency room, need surgery, or go through physical therapy. Medical malpractice happens when a doctor or medical staff doesn’t meet the standard of care expected in those situations, causing more injury or delaying your recovery.
In some cases, the injury caused by medical treatment can be worse than the crash itself. For example, imagine being discharged too early after a head injury or being given the wrong medication after surgery. These mistakes can be life-threatening.
A post-accident injury isn’t always a direct result of the crash—sometimes it’s the medical response that worsens a person’s condition.
One tragic example involved Jean Louis-Charles, a 68-year-old man who underwent spinal surgery to relieve pain from a car accident. The surgery used an implant invented by the surgeon. After the operation, complications went unnoticed, and he died just hours after Discharge. This case, reported by Kaiser Health News, highlights how vital proper care is after an accident.
Common Post-Accident Medical Errors That May Lead to Legal Claims
Mistakes in post-accident medical care are more common than most people think. Some of the most frequent ones include:
Misdiagnosis or delayed diagnosis
Some injuries, like internal bleeding or brain trauma, aren’t always apparent. Missing these signs can lead to severe or even permanent damage.
Premature Discharge from the hospital
Being sent home too early before proper recovery or monitoring can be dangerous.
Surgical errors
Mistakes during surgery, especially for spine or orthopedic injuries, can leave patients in worse condition than before.
Medication errors
Prescribing the wrong medication or dosage can lead to allergic reactions, drug interactions, or worsened conditions.
Lack of proper monitoring
Not paying attention to changes in vital signs or ignoring patient complaints can lead to undetected complications.
Medical negligence after an accident can delay recovery, add financial strain, or even result in permanent harm.
How Car Accidents and Neglected Vehicle Maintenance Intersect With Medical Negligence
Sometimes, the crash itself may be caused by a poorly maintained vehicle—maybe the brakes failed, or a tire blew out due to neglect. These cases have a different legal angle because the vehicle owner or company might be responsible.
But even if the crash was caused by maintenance issues, it doesn’t excuse negligent medical care afterward. Your injuries still deserve competent, attentive treatment.
Louisiana law gives you just one year from the date of discovery to file a medical malpractice claim under La. R.S. § 9:5628.
In these situations, victims may pursue both a vehicle maintenance liability claim and a medical malpractice claim separately.
Legal Elements Needed to Prove Medical Malpractice in Louisiana
In Louisiana, proving medical malpractice isn’t always simple. You’ll need to show four key elements:
Duty of Care: There must be a clear doctor-patient relationship.
Breach of Duty: The healthcare provider failed to act as a reasonably competent provider would.
Direct Cause: The breach directly caused new or worsened harm.
Damages: You suffered financial, physical, or emotional harm as a result. You should also be aware of Louisiana’s strict timeline for filing a claim.
Louisiana law gives you just one year from the date of discovery to file a medical malpractice claim under La. R.S. § 9:5628.
That’s not much time, so acting fast is critical.
What Victims Should Do If They Suspect Medical Malpractice
If you think a mistake happened during your post-accident care, it’s essential to take the proper steps. First, get a second medical opinion. Another doctor can often spot signs of a problem the first provider missed. Keep a detailed record of your treatments, symptoms, prescriptions, and follow-up visits. Also, request a copy of your complete medical records.
Before speaking with an insurance company or signing any forms, talk to a lawyer who understands both car accident and medical malpractice law. This can help you avoid mistakes that hurt your case later.
Not all bad outcomes equal malpractice—but failure to meet the standard of care might.
How Alvendia, Kelly & Demarest Law Firm Approaches These Complex Cases
Alvendia, Kelly & Demarest Law Firm has handled both personal injury and medical malpractice claims across New Orleans. Their legal team understands how a car crash injury can turn into something much worse when a doctor makes a mistake. With years of experience, they build strong cases based on local laws and medical standards.
The firm works on a contingency fee basis, so clients don’t have to pay legal fees unless a recovery is made. That means you can get help without worrying about upfront costs.
Common Post-Accident Medical Errors (Table)
| Error Type | Description | Outcome |
| Misdiagnosis | Missed internal injuries or concussion | Delayed care, worsened condition |
| Early Discharge | Sent home too soon | Collapse, readmission |
| Surgical Error | Mistake in spine/neck surgery | Paralysis, infection, death |
| Medication Error | Wrong drug or dose | Allergic reaction, overdose |
| Poor Follow-up | Missed signs or symptoms | Complications, denied insurance |
Frequently Asked Questions (FAQs)
Can I sue a doctor if my condition worsens after a car accident?
Yes, if your condition worsened due to negligent care—not the accident itself—you may have a claim. A lawyer can help determine whether malpractice occurred.
How do I know if the hospital made a mistake?
Signs include unexplained complications, early Discharge, conflicting diagnoses, or worsening symptoms after treatment.
What’s the difference between a car accident claim and a malpractice claim?
A car accident claim targets the at-fault driver or their insurer. A malpractice claim targets a healthcare provider who failed to meet medical standards after the accident.
What damages can I recover in a medical malpractice case?
You may recover compensation for additional medical costs, lost income, pain and suffering, and long-term disability caused by medical negligence.
Is there a time limit to file a malpractice lawsuit in Louisiana?
To submit a claim, you usually have a year from the date the malpractice was detected.
Conclusion
Experiencing medical malpractice after a car accident can feel overwhelming. What starts as a road to recovery can quickly turn into another painful chapter when doctors don’t provide the care you need. But you don’t have to go through it alone. With Louisiana’s strict timelines and complex rules, having an experienced legal team by your side makes a real difference.
Alvendia, Kelly & Demarest Law Firm understands these challenges and can help you determine if you have a case worth pursuing. Please make an appointment for a free consultation with Alvendia, Kelly & Demarest Law Firm right now to find out how they can support your future.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
