In a heart-wrenching case involving the sexual assault of a patient at an outpatient psychiatric treatment facility, the Louisiana Court of Appeal, Third Circuit, recently affirmed a summary judgment that dismissed claims against two individual owners/officers of the facility. The decision, handed down in Sam v. Genesis Behavioral Hospital, underscores…
Articles Posted in Negligence
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…
Construction Worker’s Electrocuted Injury Leads to Dispute Among Defendants Over Liability
Contracting and subcontracting in the construction industry are standard practices. However, they can create several challenges when a worker is injured. What happens, for instance, when the employee of a subcontractor is injured by a device owned and operated by a municipal government unconnected to the construction project at hand?…
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…
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…
When Do Employers Have To Pay Penalties And Attorney Fees For Denying A Workers’ Compensation Claim?
If you are injured on the job, you might be entitled to compensation through the workers’ compensation system. What happens if your employer denies your claims for treatment recommended by your treating physicians? Can your employer be required to pay you penalties and fees? Betty Citizen hurt her back while…
What Are The Timing and Bond Requirements For Appealing a Workers’ Compensation Judgment?
While involved in a legal dispute, there are strict timelines that must be followed, not only for filing an initial lawsuit, but also for filing any subsequent appeals. However, arguments can arise about what timeline applies to a certain factual situation. Angela Jackson was injured while working at Family Dollar.…