Having a sick child can be a nerve-racking time. Having a sick infant is even scarier as you, as a parent, feel helpless. In these times, caregivers turn to the experts in medical centers to help. But, unfortunately, a hospital can’t always help before it is too late. In June…
Articles Posted in Medical Malpractice
What does “Not Charted, Not Done” Mean in Louisiana, and How Does it Apply to Medical Malpractice Cases?
When one enters the hospital in times of a medical emergency, they hope that they will receive the highest standard of care possible. Often there can be uncertainty, however, as to what the threshold is for the highest acceptable standard of care. In an emergency, it can also become unclear…
A Doctor’s Indiscretion or Abuse of Discretion? Louisiana Supreme Court Weighs In
Sickness often begets a doctor’s visit, and sometimes severe illness calls for a trip to the emergency room. So when parents, David Pitts, Jr. and Kenyetta Gurley, arrived at Hood Memorial Hospital in Amite City, Louisiana, with their daughter, Lyric, it’s likely neither expected to leave there without their daughter’s…
Late Filing Bars Medical Malpractice Claim Against Tulane-Lakeside Hospital
Deadlines matter in all areas of life, but in the legal world, they can determine whether a lawsuit will move forward or even get started. In Louisiana, a prescriptive period is a window of time for legal action to be brought and enforced. Depending on the kind of claim, the…
Louisiana Court Finds Medical Malpractice Allegations Broad Enough to Proceed
Medical procedures are never an enjoyable process. However, the process becomes even more miserable when recuperation is delayed because of infections. Darrin Coulon found himself in this situation after receiving shoulder surgery in 2011 from Dr. Mark Juneau at the West Bank Surgery Center. His recovery became even more difficult…
Medical Malpractice Claim Sent Back to the Trial Court due to Doctor’s Affidavit
Lawsuits are filed every day. However, not all of these lawsuits are worth the attention of the courts. Courts are already swamped with dozens and dozens of cases on their dockets and they cannot afford–both monetarily and temporally–to hear every case that comes to their courtrooms. As a result, courts…
When are Hospitals Liable for a Doctor’s Failure to Act?
Medical malpractice claims often present complicated issues involving hard to understand medical principles. Such lawsuits can become further complicated by questions of whether hospitals, in addition to the doctors themselves, can be held liable for a failure to act that results in a patient’s death. This is the question faced…
Plaintiff Allowed Continuance to Complete Discovery Before Hearing on Motion for Summary Judgment in Medical Malpractice Action
Maybe you’ve been there. Lying on a cold surgical table. The anesthesiologist places the mask over your face and says to count backwards from one hundred. “100…99…98…” Most people don’t remember much after that. But imagine waking up from a procedure and discovering that you have no feeling in your…
Maryland Injury Raises Medical Malpractice Claim Barred By Louisiana Statute of Limitations
The statute of limitations, by definition, is the timeframe set by a state or federal legislative body in the creation of a law which governs when a party must file a claim to enforce his or her right or seek redress after injury or damage. The statute of limitations on…
Limitations on Medical Malpractice Lawsuits in Shreveport, Louisiana
Medical Malpractice lawsuits can be extremely complicated and fact-specific. The general Louisiana law requires claims to be brought within one year of treatment. The Louisiana law also distinguishes liability based on intentional actions from negligent actions. The following case illustrates how in-depth a medical malpractice claim can become. The Plaintiff,…