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Over $100 Million Recovered for Our Clients.

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New Orleans Medical Malpractice Lawyers

A physician or doctor is one of the most respected professions. People become ill or injured, and doctors are necessary for their health and recovery. Although most doctors and medical professionals are highly educated, intelligent, and competent, they can and do sometimes make mistakes.

Here in New Orleans, we have hundreds of doctors and medical practitioners, and at Breaux Law Firm, we know these fine folks do make the occasional accidental mistake.

According to a study performed by Johns Hopkins, the third leading cause of death in the U.S. is medical errors, with roughly 250,000 deaths per year due to medical error. However, medical errors differ from medical malpractice.

Medical errors could result from problems within the hospital’s care network or the patient’s insurance network, and the physician may offer to fix the error for free. Medical malpractice results from negligence, which an equally skilled medical professional would have avoided.

A medical review panel of three doctors will first review your case to determine whether or not it is indeed malpractice. Presenting before the medical review panel is a required procedural step, but does not determine the outcome of your case.

The New Orleans medical malpractice lawyers at Breaux Law Firm will be with you every step of the way, explaining the process as it unfolds.

Medical Malpractice Claim Requirements

In order to have a successful medical malpractice claim, as the injured party, you must prove the following:

  • You had an official doctor-patient relationship with the medical professional. 
  • The medical professional failed to meet the standard of care.
  • You have suffered measurable harm or loss as a result of the medical professional’s failure to meet the standard of care.

If you or someone you know has been injured due to the negligence of a doctor and/or medical facility, call Breaux Law Firm for a free consultation and a strategy session with our knowledgeable medical malpractice attorney. You deserve the highest level of care for your health and well-being.

your first steps

Hiring A Medical Malpractice Lawyer in New Orleans

Medical malpractice injuries are extremely frightening that oftentimes cause wrongful death and irretrievable damage. It’s important to retain a competent medical negligence lawyer to establish the fault of the liable medical professional.

With over 35 years of experience, we at Breaux Law Firm understand how to navigate the world of claims in New Orleans and Louisiana. You can rest assured that your case will be handled with the utmost respect and priority to ensure you receive the compensation you’re entitled to as quickly as possible. Our job is to get you the maximum payout you are due. We’re here to protect your rights. 

By hiring a trusted law firm to represent you and your case, you can put your mind at ease; this will allow you to focus on recovering from your injuries. Let us do the paperwork, deal with the insurance companies, and get you the compensation you deserve

Types of Accidents We Handle

Our Accident Results

(Case Studies)

$950,000 for Accident on the Job

A longshoreman was injured while working on the Mississippi River. The gentleman was struck in the head by an improperly welded metal plate resulting in neck injuries and requiring surgery. We were able to recover past and future lost wages for him.

$750,000 for Car Accident

A longshoreman was injured while working on the Mississippi River. The gentleman was struck in the head by an improperly welded metal plate resulting in neck injuries and requiring surgery. We were able to recover past and future lost wages for him.

$2,250,000 Motor Vehicle Accident

A 35-year-old man was rear-ended while driving his vehicle on Interstate 10, suffering a severe lumbar spine injury that required surgery to repair. The injury and resulting disability prevented him from returning to his prior occupation.

Why Us

WHY CHOOSE BREAUX LAW FIRM FOR MEDICAL MALPRACTICE LAWYERS IN NEW ORLEANS?

Our New Orleans medical malpractice lawyers at Breaux Law firm have a successful track record in the defense ofmedical malpractice claims. If you or someone you know has beeninjured due to medical malpractice, the attorneys at Breaux Law Firm are the best option for you, and here’s why

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Being injured is scary enough, and dealing with the aftermath can be exhausting. Getting back on your feet should be hassle-free. If you call us and we determine, together, that you have a case, we’ll immediately begin fighting on your behalf to make the responsible parties do what is right. We do not stop fighting for you until you receive all you’re owed. By hiring Breaux Law Firm to represent you for your medical malpractice claim, you can expect a clear legal explanation of your case and an honest assessment of the case’s merits. We can help you get through this difficult time and ensure you’re taken care of emotionally, physically, and financially.

Having been in business for over three decades, we’re highly experienced and well versed in personal injury law, no matter how complicated the case may be.
Our firm has a policy of open communication and responsiveness. We’re always available to discuss your case when you need to, and we can explain any detail you want to know.
Our reputation as a trustworthy personal injury law firm speaks for itself. We fight for you as if we were fighting for one of our own family members.
We’re a family-run business dedicated to our clients, their well-being, and their cases. We believe in holding responsible parties accountable and getting the compensation our clients deserve.

Accolades

Meet Your Legal Team

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DARRYL M. BREAUX

Attorney at Law

Darryl M. Breaux, the founder of the law office of Breaux Law Firm, is a proud lifelong New Orleanian. He has been married for over thirty-two years and has two children, one of whom is an attorney at Breaux Law Firm.

EVAN A. BREAUX

Attorney at Law

Evan Breaux joined Breaux Law Firm in 2017, thus establishing one of New Orleans’ only father-son personal injury law firms. Evan is a defender of justice, an advocate dedicated to helping people who are victims of unfair circumstances.

Scot Koloski

Scot Koloski

Attorney at Law

A lifelong New Orleanian, Scot Koloski brings over 25 years of legal experience to Breaux Law Firm. His career is built on a deep-rooted commitment to the people of this city and a relentless drive to be a steady voice for those navigating the aftermath of a life-altering accident.

Resolve Your Medical Malpractice Lawsuit

In Louisiana, the statute of limitations applicable to medical malpractice claims can be complicated.  According to Revised Statute 9:5628,  a medical malpractice case has a one-year statute of limitation period from the date the injured party knew of or should have known of, the malpractice. There is a three-year preemptive period (different than the statute of limitation period) from the date of the injury suffered. 

To summarize, you have no more than one year from the discovery of the malpractice and no more than three years from the actual injury. 

If the suit is filed after these deadlines, it can be dismissed. However, it’s always a good idea to seek legal advice, as there are exceptions in which the statute of limitations may be halted and the deadline for filing a claim extended.

Although filing claims or reliving traumatic experiences can be overwhelming, moving towards the compensation you are due is the right thing for you and your family. You’re not alone in this fight. The qualified New Orleans medical malpractice lawyer of Breaux Law Firm are just a phone call away. Let us handle your case and get you what you deserve.

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Frequently Asked Questions

We don’t get paid until you do. The attorneys of Breaux Law Firm have what is called a “contingency fee arrangement” with each and every one of our clients. A contingency fee arrangement means that the attorney’s fee is taken out of the total amount of money recovered for the client, once the client’s case is settled. The attorneys at Breaux Law Firm are happy to meet with you FOR FREE to discuss your case, to answer any questions you may have, and to let you know if we think you have a good case.

The short answer is YES. If you’re the owner or the driver of the motor vehicle you were in at the time of the accident and neither you nor the vehicle you were driving has automobile insurance, then the adverse insurance company will get a credit for the first $15,000 in damages that they would have otherwise owed you, as described below. If you were a passenger in a vehicle where neither it nor its driver has insurance, you will still be able to recover, because you’re not the owner nor the operator of the uninsured vehicle. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice. We take the guesswork out of Louisiana state laws, and guide you through the process of recovering the compensation you deserve.

“There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
La. Stat. Ann. § 32:866

Breaux Law Firm is licensed to practice law throughout the state of Louisiana. However, Breaux Law Firm, in conjunction with other respected attorneys, has also represented clients from many other states, including Texas, Mississippi, Alabama, Florida, North Carolina, Illinois, California, and more.

Our office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m., excluding holidays. Our office is located at 111 Veterans Memorial Blvd., Suite 1820, Metairie, LA 70005. You’ll find plenty of parking available in our visitor parking lot, along with a wheelchair-accessible ramp. Of course, you can always reach us through our 24-hour phone line at (504) 914-7779.

NO, YOU DO NOT. We don’t get paid until you do. The vast majority of the time, the conscientious attorneys at Breaux Law Firm will be able to let you know if your case is likely to succeed at the FREE initial consultation. If the case doesn’t work out, you owe us nothing and we will bear our own costs.

In Louisiana, you have ONE YEAR FROM THE DATE OF THE ACCIDENT to file a lawsuit to recover damages due to an accident; this concept is known as the statute of limitations or prescriptive period. Once your accident occurs, the clock starts ticking. The attorneys at Breaux Law Firm stay informed on all laws involving injury law, as well as the other legal areas we practice. We know that legal language can be confusing and hard to understand, as you can see below, so we work hard to make the process of filing a claim as easy and positive as possible.
“Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.”
La. Civ. Code Ann. art. 3492

YES, the law office of Breaux Law Firm works with all types of medical providers and will assist you in obtaining the medical care that you need for your injuries.

There are several ways to take care of your property damage after an accident. The most common way is to make a claim against the liable insurance company which covered the at-fault party at the time of the accident. After making a claim against the liable insurance company, the liable insurance company is supposed to appraise the damage to your vehicle by sending an appraiser to inspect the vehicle wherever it’s located. Within a reasonable time, the liable insurance company is supposed to make a liability determination. If the insurance company accepts liability, they will put you in a rental car and arrange for your vehicle to be repaired. You’re entitled to a rental car, paid for by the liable insurance company, until your car is fixed and ready for you to pick up. The liability insurance company must adjust the property damage within thirty (30) days of their receiving a satisfactory proof of loss. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice, translating confusing legal jargon, as you see below, into clear guidance for our clients.
“All insurers shall make a written offer to settle any property damage claim, including a third-party claim, within thirty days after receipt of satisfactory proofs of loss of that claim.”
La. Stat. Ann. § 22:1892