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…
Articles Posted in Negligence
Worker Entitled To Workers’ Compensation From Injuries From Passing Out At Work
You might be eligible for workers’ compensation if you are injured on the job. However, you must be honest in your communications with your employer and medical providers because, under Louisiana law, you forfeit your rights to any such benefits if you make misrepresentations or false statements concerning your workers’…
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…
Navigating Conflicting Testimonies in Car Accident Cases
Assigning fault in a vehicle accident can be challenging, especially when witnesses present conflicting accounts of what transpired. The struggle to ascertain the truth becomes even more pronounced when there are discrepancies in testimony regarding the events leading up to the accident. But what happens when conflicting narratives emerge in…
Workers’ Compensation Lawsuits and the Battle for Evidence
Unfortunately, heart attacks are one of the most common causes of death. If a loved one suffers a heart attack while on the job and you file a workers’ compensation claim, you must provide evidence to support your claim. But what happens if the employer files a motion for summary…
Allocation of Fault and Damages in a Car Crash: Who is Right?
If you ever find yourself injured in a car accident, it’s crucial to seek legal advice from a licensed attorney in your jurisdiction. Consulting with an attorney can help you understand your rights and determine if you are entitled to compensation, depending on the allocation of fault. Car accidents can…
Should Courts Limit Liability for Distracting Passengers?
From a serious crash to a minor fender bender, car accidents take a devastating emotional and financial toll on the people involved. Common principles of fairness suggest that if a distracting passenger helped cause the crash, they should also be liable to help pay. Unfortunately, deciding which acts are sufficiently…
What are the liability standards for ambulances and other emergency vehicle drivers involved in a car accident?
Determining liability can be complex when a car crash occurs and even more so when one of the vehicles involved is an ambulance. In Louisiana, the law applies a unique standard of care to emergency vehicle drivers. So what are the liability standards for ambulances and other emergency vehicle drivers…
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…
Misrepresentations of Safety: Uncovering Liability for Injuries
We all like to think we can rely on other people’s assertions that something is safe. But what happens when it turns out someone is making misrepresentations about safety? Can they be held liable for resulting injuries? The following lawsuit out of St. Landry parish helps answer that question. Ryan…