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Articles Posted in Medical Malpractice

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Is Nursing Home Fall Medical Malpractice or Tort?

Many of us provide support to elderly folks in our lives through our time and money. We expect the utmost attention and respect when we send a loved one to a care facility. Sometimes accidents happen, whether by negligence or by accident, that result in injury to patients. Regardless of…

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Time is of the Essence in Medical Malpractice Lawsuits

When it comes to medical malpractice, time can be both a friend and a foe. Trusting doctors to safeguard the well-being of our loved ones makes the process of bringing a lawsuit challenging and emotionally charged. Yet, within the legal field, there exist specific time frames and procedural intricacies that…

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Can you Sue a Hospital for Negligently Granting Your Doctor ‘Privileges’?

Amid the potential chaos and life-or-death scenarios in a hospital emergency room, “negligent credentialing” might not immediately come to mind. It’s understandable; after all, numerous nightmare scenarios occupy our thoughts. However, negligent credentialing is an incredibly significant matter that hospitals face regularly. So what is “negligent credentialing”? It all comes…

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Dermatologist Not Liable For Patient’s Fall After Procedure In Louisiana Lawsuit

Medical malpractice claims typically involve allegations of negligence during a medical procedure. However, the following case presents a unique scenario where the alleged injury occurred after the procedure was completed. It examines the legal considerations and challenges in such situations, emphasizing the importance of evidence and expert testimony in establishing…

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Doctors Not Required To Act Perfectly: Determining The Applicable Standard of Care In Medical Malpractice Lawsuits

If your doctor makes an obvious mistake in a surgery, you might think you can succeed in a medical malpractice lawsuit against the doctor. However, Louisiana law does not require a doctor to act perfectly. Therefore, if you are considering bringing a medical malpractice lawsuit against a medical professional, you…

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Medical Malpractice Claim Dismissed For Lack of Expert Testimony

In a medical malpractice lawsuit, there are numerous procedural and evidential requirements with which a plaintiff must comply to support their claim. This case illustrates what can happen if a plaintiff does not comply with these requirements, specifically providing expert testimony supporting the malpractice claim. Tanya Madere filed a lawsuit…

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Delay in Filing Results In Dismissal Of Medical Malpractice Lawsuit

We have all heard advice not to procrastinate. This is especially true if you are considering bringing a lawsuit. If you are considering filing a medical malpractice lawsuit against your doctor, you cannot wait indefinitely because Louisiana law has strict time limits for filing medical malpractice lawsuits. The following case…

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When Is a Doctor Required to Warn Someone of a Patient’s Threat?

The case of Danell Brice, a home health nurse who was attacked while visiting Timothy Bragg’s apartment, highlights the complex legal issues surrounding the duty of care owed by healthcare professionals in situations involving potential harm to third parties. Brice filed a lawsuit against Dr. Lynn Simon, Braggs’ treating psychiatrist,…

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Louisiana Patient’s Compensation Fund Oversight Board Cannot Exceed Its Statutory Authority

When pursuing a medical malpractice claim in Louisiana, adhering to the necessary procedural requirements is crucial for a successful case. Failure to comply with statutory obligations can lead to legal battles centered around procedural technicalities rather than the merits of the claim. That is the situation Lori Franks found herself…

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Navigating Medical Malpractice Claims: Understanding Legal Requirements to Seek Compensation for Harm Done by a Doctor

When you go to the doctor, you expect they will help you feel better. However, if your doctor worsens your condition, it is essential to understand the legal requirements for bringing a medical malpractice claim. Otherwise, you find yourself unable to recover. Milton Harris visited Dr. Breaud, an ophthalmologist, after…

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