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…
Articles Posted in Pain And Suffering Claims
City’s Liability for a Child’s Fall on a Defective Sidewalk
Parents can imagine all sorts of dangerous situations their children could find themselves in walking to school – kidnappings, getting hit by a car, bullying. But what happens if the cause of the injury was a defective sidewalk the city was supposed to maintain? Can the city be held liable?…
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…
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…
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…
Blind Trust: The Importance of Timely Appeals in Personal Injury Cases
In personal injury cases, plaintiffs are often left vulnerable due to the accidents leading to their injuries. Hence, they require excellent attorneys who don’t exploit these vulnerabilities but instead zealously advocate on their behalf. For Claude Allen Newsome (“Newsome”), a November 2010 car accident in Bossier Parish, Louisiana, left him…
While Injured Worker Claims Late Payment, Louisiana’s First Circuit Court of Appeals Focuses on Important Date
For purposes of seeking an appeal, there is great importance in preserving the record, which may be done through admitting evidence at trial to support relevant claims. When the record has not been established at trial, it is difficult for the best attorneys to succeed on appeal. William Taylor (Mr.…
When a Cow’s Journey Turns into a Legal Showdown, Liability for Escaped Cows in Louisiana
What happens when a cow crosses a road? Although that might sound like the start of a joke, that is the situation Zaine Kasem found herself in after being run over by a cow that escaped from a herd owned by Joyce B. Williams and H.R. Williams Cattle Company (“HRW”). …