Pursue your claim in time or forfeit your right to recovery. That is what the Louisiana doctrine of prescription generally holds. This doctrine bars a claimant’s right of recovery when he or she fails to exercise it within a certain time period. In Louisiana, the Medical Malpractice Act governs the…
Articles Posted in Medical Malpractice
Jury Ruling Upheld in DeRidder, Louisiana Heart Pacemaker Operation Medical Malpractice Lawsuit
Procedures involving the heart or a patient’s heartbeat carry a high risk of injury or even death, and a pacemaker implant is no exception. Pacemaker implantation involves the risk of bleeding and/or infection. These risks carry grave consequences and therefore the doctors carrying out such procedures must follow the acceptable…
Jefferson Parish Medical Malpractice Lawsuit Discusses The Concept of Informed Consent
A recent medical malpractice lawsuit stemming from a surgery performed at West Jefferson Medical Center defines your right to make an informed decision about the course of treatment you wish to take. The patient in this case suffered from heavy menstrual bleeding primarily resulting from fibrin tumors in her uterus. …
Louisiana Appellate Court Denies Appeal Of Jury Finding In Terrebonne Parish Medical Malpractice Case
With all of the advances in the field of medicine these days most people would probably think that a surgery to remove a person’s gallbladder would be considered fairly routine. However, when it comes to surgery, nothing can be taken for granted. A Louisiana resident, Richard Logan, and his doctor…
Baton Rouge, Louisiana- Medical Malpractice Plaintiff Denied Claim for Lack of Expert Witness with Appropriate Expertise
People trust doctors and hospitals to take care of their health issues. When someone in the medical community makes a mistake, it can seriously affect a person’s quality of life. In Louisiana, in order to sue for medical malpractice, a plaintiff must prove what standard of care should have been…
Monroe Area Doctor Sued For Medical Malpractice, Vindicated by Court Of Appeals
Karen and Joe LeBlanc brought a medical malpractice action against Dr. Rezaul Islam. A medical malpractice claim is a specific type of negligence claim in which the plaintiff alleges that a doctor or medical professional failed to act with the level of care they are duty-bound to provide, and that…
Arbitration Agreements and Louisiana’s Direct Action Statute Collide in East Baton Rouge Medical Malpractice Lawsuit
Louisiana is a “Direct Action State” which means that an injured party has the option to sue an insurer for coverage under someone else’s policy. See La. Rev. Stat. 22:1269. Therefore it’s permissible in Louisiana to name the insurance company of the tortfeasor when filing a lawsuit. An example: John…
Court Fails to Use Proper Procedure to Disqualify Medical Expert Witness, Case Proceeds for Widow in Jefferson Parish
Medical malpractice lawsuits can be extremely tough cases involving complex areas of medicine. The best lawyers involved in medical malpractice lawsuits know that great experts are necessary to help prove their case. The following lawsuit out of Jefferson Parish shows how a medical malpractice case can be effected if the right experts…
Ochsner Clinic Foundation Louisiana Medical Malpractice Lawsuit Exhibits the Need for Effective Expert Testimony
Medical malpractice lawsuits are known to be some of the most complicated, technical cases for injured parties. The average person does not have enough technical knowledge to infer negligence from a medical act or result. Because of this, many plaintiffs have to rely on expert testimony to explain nuanced details…
Quachita Parish Medical Malpractice Lawsuit Discusses Prescription and Whether Amended Complaints “Relate Back”
Prescription is a legal doctrine that serves to prevent people from filing lawsuits after a specified lapse of time has passed. The public policy behind the idea of prescription is not to prevent people who have been harmed from receiving relief. Instead, prescription is meant to allow someone who has…