New Orleans
Surgery already carries real risk.
When something goes wrong because of a preventable mistake, not an accepted complication, the harm is often severe and lasting.
The Voorhies Law Firm represents patients across New Orleans who were injured by surgical negligence.
A surgical error is a preventable mistake made before, during, or after an operation.
Common examples include:
Not every bad surgical outcome is malpractice; some complications are known risks even with excellent care.
The key question is whether your surgical team met the accepted standard of care, which is exactly what a qualified medical expert review is built to answer.
Surgical error claims in Louisiana fall under the state’s Medical Malpractice Act framework.
Louisiana requires most claims against a qualified healthcare provider to go before a Medical Review Panel, one attorney and three healthcare providers, who issue an opinion on whether the surgical team’s care met the accepted standard.
A lawsuit filed before this process is complete will typically be dismissed as premature.
Louisiana limits total recoverable damages against a qualified provider to $500,000, which excludes future medical care and related benefits, which typically fall outside that cap.
No individual provider is on the hook for more than $100,000 of that total; the Louisiana Patient’s Compensation Fund covers the remainder. Because the cap only protects providers who’ve actually qualified under the Act, confirming each defendant’s status is a key early step.
Surgical error claims don’t follow Louisiana’s general injury deadline. Instead, you generally have one year from the date of the error, or one year from when you discovered it, but never more than three years from the date of the surgery itself, regardless of when the problem is discovered. That three-year outer limit is unforgiving, which is why getting your records reviewed promptly matters.
STEP 1
Free consultation.
Tell us what happened before, during, or after your surgery. We’ll give you an honest, no-cost assessment.
STEP 2
Records collection.
We gather your complete surgical and post-operative records from every provider involved.
STEP 3
Expert review.
We bring in qualified surgeons and medical experts to evaluate whether the standard of care was met.
STEP 4
Medical Review Panel.
We present your case to Louisiana’s required panel, one attorney and three healthcare providers, before any lawsuit can proceed.
STEP 5
Damage calculation.
We total up medical costs, lost wages, pain and suffering, and any future care you may need.
STEP 6
Filing suit, if needed.
If the panel process doesn’t resolve things fairly, we file suit within the applicable deadline and prepare for litigation.
STEP 7
Resolution.
You receive your compensation, whether through settlement or verdict, with the Patient’s Compensation Fund covering the excess where applicable.
We represent patients in surgical error cases involving:
Behind every surgical error case is a person who trusted a surgical team with their body and was let down by a preventable mistake. We’re here to hold that team accountable.
Across all our practice areas, The Voorhies Law Firm has recovered over $100 million for our clients, and hospital insurers know we don’t walk away from a well-documented surgical error case.
Past results are not a guarantee of future success; your case’s value depends on its own facts, including Louisiana’s damages cap.
When a surgical team’s mistake changes your life, you need lawyers who won’t be intimidated by a hospital’s legal department.
Richard P. Voorhies III and the team at The Voorhies Law Firm have spent fourteen years going toe-to-toe with hospitals and their insurers in Louisiana courtrooms.
We’re recognized by Super Lawyers, the Million Dollar and Multi-Million Dollar Advocates Forums, and other legal organizations, but you’ll have direct access to your attorney throughout your case.
We handle surgical error cases on contingency, so you don’t pay us anything unless we recover compensation for you.
No. Surgery carries inherent risk, and not every complication is the result of negligence. The question is whether your surgical team’s conduct fell below the accepted standard of care, which requires a qualified medical expert review to determine.
This is one of the clearer categories of surgical error and often supports a strong claim. Documentation from a follow-up procedure or imaging showing the retained object is important evidence to preserve.
In most cases, yes, for claims against a qualified provider. It’s a mandatory step before a lawsuit can proceed.
In most cases, one year from the date of the error or from when you discovered it, with an absolute three-year cutoff from the date of the surgery under La. R.S. 9:5628.
Nothing upfront. We handle surgical error cases on a contingency fee basis, so we only get paid if we recover compensation for you.
