The recent decision in Anderson v. State from the Louisiana Court of Appeal, Third Circuit, highlights the complexities of assessing damages in personal injury cases, particularly when the plaintiff has pre-existing medical conditions. The court’s ruling underscores the principle that even if a plaintiff has prior health issues, a defendant…
Articles Posted in Litigation
Louisiana Court Reinstates Summary Judgment in Medical Malpractice Case: The Importance of Timely Expert Evidence
In a recent decision, the Louisiana Court of Appeal, Third Circuit, underscored the importance of adhering to procedural rules in medical malpractice cases. The case, Ogbebor v. Lafayette General Medical Center, involved the death of Mary Ogbebor and her husband’s subsequent lawsuit against the medical professionals involved in her care.…
When a Workplace Injury Crosses State Lines: Navigating the Complexities of Workers’ Compensation and Tort Liability
In today’s interconnected world, it’s not uncommon for employees to find themselves working across state lines. But what happens when an injury occurs in a different state than where the employment contract was formed? Whose laws apply? Can an injured worker sue their employer, or are they limited to workers’…
Mold, Rats, and the Law: When a Tenant’s Nightmare Isn’t the Landlord’s Fault
Imagine moving into your new apartment, only to find it’s more like a horror movie set than a cozy home. Mold creeping up the walls, evidence of unwanted rodent roommates… it’s enough to make anyone sick. But does that automatically mean your landlord is liable? A recent court case dives…
What Type of Expert Testimony Is Needed in a Louisiana Medical Malpractice Lawsuit?
Providing sufficient expert testimony can be crucial to prevailing a medical malpractice lawsuit. But what happens when the court determines that the expert testimony offered by a doctor on the plaintiff’s behalf is insufficient because the doctor does not specialize in the same field as the defendant? Steven Richardson began…
Can a Criminal Investigation Lead to a Defamation Lawsuit Dismissal?
Today, in the age of ever-prevalent social media, it is easier than ever to express opinions about events and even other people. It is also easier for people to find one another’s statements, even if the people involved don’t know one another. Statements about emotionally charged events can harm a…
Employee Fails to Establish Link Between Previous Back Injury and Multiple Sclerosis Diagnosis for Workers Compensation Claim
When an employee suffers a work injury, it may result in negative consequences for the employee’s health. While Louisiana’s workers’ compensation laws allow the employee to recover damages for these future health complications, this has its limits. The employee must prove that this future negative consequence was related to the…
Doctor Loses Malicious Prosecution and Defamation Lawsuit Filed Against Former Patient
Every doctor places great value on their professional reputation in the medical world. This is because a doctor’s reputation is one of the primary ways a community judges the doctor’s standard of care. When this reputation is wrongly called into question, a doctor may want to use legal avenues to…
Attic Ladder Accident in Denham Springs Can Proceed to Trial After Summary Judgment Reversed
Relationships between employees and employers can sour quickly when employees commit negligence during their duties. In some cases, the innocent party can seek compensation from the employer for damages caused by the employee. But what if the party causing harm is not really an employee but an independent contractor? And…
Injured Pedestrian in Ouachita Parish Unable to Recover from Multiple Insurance Policies
After being involved in a motor vehicle accident, you will likely be left with various damages, including medical injuries. Although you may assume insurance will cover all of your injuries and related damages, this is not always the case. The following Ouachita Parish case demonstrates the importance of understanding your…