When we think of the practice of law, we may think of flashy lawyers in the courtroom arguing against one another with impassioned rhetoric. In reality, the law practice is not that glamorous. In many cases, there are no trials, and a judge simply hands down a judgment without any…
Articles Posted in Medical Malpractice
Plaintiff Cannot Bring Medical Malpractice Claim Against Doctor Due to Untimely Filing of Lawsuit
Time governs our lives. It also governs the law. If you have been injured and decide to file a claim, there is generally a time limit to do so. If you do not file within this time, you may never get your claim heard. The case below is an example.…
Baton Rouge Doctor Accused of Medical Malpractice Wins Dismissal Due to Plaintiff’s Delay
When you suspect a doctor has provided substandard care for a medical issue, it is important to immediately retain the services of a qualified medical malpractice attorney. Quick action is important because time is not on your side when considering a lawsuit. Here is but one example of how waiting…
Not Yet: Motion to Dismiss Appeal Not Ripe for Review in Medical Malpractice Case Out of Lake Charles
Because of the highly technical aspect of seeking relief from the court system, someone unfamiliar with the legal process can be confused and frustrated by the litigation process. This circumstance can be intensified by the harm done and the matter being litigated. Mr. William Matthews, the surviving husband of Mrs.…
Lafayette Medical Malpractice Claim Dismissed for Untimely Filing
Generally, claimants interested in bringing any cause of action are required to stick to certain procedures including filing the claim within a specified time period. Medical malpractice claims are no different. Failure to file a claim within the statutorily imposed time frame will likely result in the dismissal of that…
Plaintiff Fails to Provide Expert Witness to Sustain Medical Malpractice Suit
Medical malpractice suits are notorious in the legal community as being difficult and expensive cases. One reason why these cases are so difficult is because lawyers must hire and rely on numerous experts to argue why a professional should, or should not be, liable. But what happens when a plaintiff…
Failure of Hospital Staff To Properly Notify Patient of Device Manufacturer Notice Leads to Medical Malpractice Liability
Medical malpractice can be a nuanced area of the law and good lawyers rely on the facts of a case coupled with their knowledge of the law and expert opinions to adequately perform their jobs. The following case illustrates that a competent legal team can make the most out of…
Procedure Reigns Supreme in Dismissal of Plaintiff’s Medical Malpractice Case Out of Acadia Parish
Ignoring instructions when assembling a coffee table, toys, or other household items may not, in the end, prove highly detrimental. In fact, such practices are commonplace. However, failing to follow the correct procedural steps is ruinous in the world of lawsuits. Recently, the Louisiana Third Circuit Court of Appeal was…
Court of Appeal Affirms Damages Award in Lost Chance of Survival Case Out of Ouachita Parish
Good medical treatment, even in a first-world country, can, unfortunately, be difficult to find. Doctors make mistakes and sometimes even entire hospitals can be at fault. In a recent case out of Ouachita Parish, a woman was delayed admission to a hospital for an extended period which ultimately led to…
Tell It to the Jury: Louisiana Court of Appeal Reverses District Court in Medical Malpractice Case
Upon entering a facility for medical treatment, we all hope that we will be treated properly. However, what happens when a medical or health care professional deviates from the profession’s standards? What happens if there is a mistake in the diagnosis or treatment? Such victims certainly have an opportunity to…