Louisiana Personal Injury Lawyer Blog
The prospect of undergoing medical procedures carries inherent risks; sometimes, unfortunate incidents can lead to injuries. In such cases, individuals can pursue medical malpractice claims to seek compensation for damages. A crucial aspect of these claims is presenting the appropriate evidence and adhering to procedural requirements. A telling illustration of the importance of these procedures is found in a lawsuit involving Elliott R. James and Lakeview Medical Center, LLC. This case underscores the significance of following legal protocols and obtaining substantial evidence to bolster a medical malpractice claim.
Elliott R. James entered Lakeview Medical Center, LLC d/b/a Lakeview Regional Medical Center (“Lakeview”) for an exploratory laparotomy. A procedure where an endotracheal tube was inserted into him was completed with no complications. While he recovered for the next few days, James began experiencing nausea and vomiting. James returned to Lakeview, where Nurse Dinah Justilian attempted to place a nasogastric (NG) tube through James’s nose to reach his stomach. James alleges that Nurse Jusitilian did not contact his treating physician Dr. Darren Rowan before attempting to insert the tube. Nurse Justilian had difficulty inserting the tube. The tube encountered some resistance while being slid down Mr. James’ throat but was eventually able to be inserted successfully. Mr. James stated he felt severe pain in his throat during the process.
A few days later, when the NG tube was removed, James still experienced pain in his throat. On November 4, 2010, Lakeview discharged James despite him still complaining of throat pain. James decided to obtain a second opinion about the pain from a specialist. The specialist found that his right vocal cord appeared damaged and would either heal within a year or was permanently damaged. Since then, James alleges his throat injury never healed. However, on July 16, 2014, a Medical Review Panel (MRP) rendered its findings on the situation. They found that the NG tube was placed correctly despite the discomfort, and there was no evidence that the NG tube was the likely cause of James’s injury. The MRP concluded that the evidence did not support James’s claim that Lakeview failed to meet the applicable standard of care.
Before accepting a job, it is essential to review all policies provided to you by your potential employer, as these policies may not always be in your best interest. The following East Baton Rouge case demonstrates what may or may not be considered a “wage” payable at the end of employment. 
Imagine being wrongfully arrested and seeking justice for the harm caused. This was the situation for Joe Bridges III, Jordan M. Bridges, and Branden J. Herring, who filed a lawsuit for damages after an arrest on July 30, 2011. The plaintiffs initiated the lawsuit by filing a petition for damages on July 20, 2012. The defendants named in the petition included the Baton Rouge Police Department, the City of Baton Rouge, and several individual police officers.
The challenges posed by mental and physical disabilities can place immense strain on families, particularly when the affected individual is unaware or unable to acknowledge their condition. When individuals face difficulties managing their health, personal matters, finances, and business affairs due to mental incapacity, they must take legal steps to protect their interests. During such trying times, the guidance of a skilled lawyer can alleviate some of the pain and stress that families experience. 
It’s pretty common for large corporations to conduct business across multiple state lines. So, too, it’s expected that employees for these types of companies will also have connections with multiple states based on their employment with the corporation. In these situations determining which state and Court has jurisdiction over legal claims when such issues arise can become an incredibly fact-specific inquiry. This was the case for one Workers’ Compensation Judge (“WCJ”), who found that the Office of Workers’ Compensation (“OWC”) located in Lafayette, Louisiana had subject matter jurisdiction to decide the legal claims of a former Tyson-employed truck driver.
When medical emergencies strike, the rapid response of emergency medical technicians (EMTs) can mean the difference between life and death. However, the high-pressure nature of their role can also give rise to complex legal questions when outcomes take a tragic turn. Richard Miller’s case sheds light on the intricate landscape of EMT liability, illuminating the balance between legal protections afforded to these healthcare professionals and the pursuit of justice for patients and their families. It also helps answer the question: Can an emergency medical technician or their employer be held liable when things go wrong? 
When multiple people are injured in the same incident, you might expect they are all eligible to recover the same type of damages, even if the precise dollar amount varies. This case indicates how the categories of damages awarded can vary by plaintiff, depending on the testimony and other evidence presented at trial. 
While headlines often tout substantial monetary awards for injured workers, the intricacies of such compensation might remain shrouded in mystery. Behind every high-stakes verdict lies a meticulous process of presenting compelling evidence to substantiate the array of damages claimed. In a recent case involving workers at a Firestone Polymers plant, the multifaceted nature of damages is unveiled, shedding light on the need for robust legal representation to navigate the diverse categories of compensation.
In the realm of medical malpractice, the intricacies of the legal process can often appear daunting, especially when juxtaposed against the heart-wrenching backdrop of a stillborn baby’s tragedy. K Arceneaux found herself entangled in this very confluence of circumstances, seeking justice for her devastating loss while grappling with legal procedure demands. As the mother’s quest for accountability unfolds, a crucial question emerges: Can a plaintiff prevail in a medical malpractice case without the indispensable backing of expert testimony?
To succeed in a lawsuit, it is not enough that your claim has merit. Rather, you must also comply with sometimes complex procedural requirements. These requirements include strict time limits in which you must file your claim. Otherwise, even if your claim has merit, it could be dismissed because of a peremptory exception of prescription. The following lawsuit involving bad faith insurance claims shows just how critical timely filing and proper crafting of a lawsuit are to preserve all of your claims.