Negligence

July 20, 2023

Time is of the Essence in Medical Malpractice Lawsuits

time_take_time_cosmetics-1024x652 When it comes to medical malpractice, time can be both a friend and a foe. Trusting doctors to safeguard the well-being of our loved ones makes the process of bringing a lawsuit challenging and emotionally charged. Yet, within the legal field, there exist specific time frames and procedural intricacies that can make or break a case. Once the clock runs out on a particular timeframe, a lawsuit is deemed barred, leaving individuals without recourse. In the midst of this intricate dance between justice and time, the story of Rita Foster and her family shines a light on the importance of understanding legal procedures and seeking qualified legal representation.

In August of 2012, Rita Foster was hospitalized, during which time Dr. Olisa, a physician at Ochsner Health System, ordered that Foster have a CT scan of her chest. When a 2-centimeter speculated appeared on her lung, Olisa recommended that Foster have a follow-up CT scan in three to six months. Foster’s children (plaintiffs) claimed there was no documentation of this recommendation in any medical records and thus contributed to Foster not obtaining the recommended follow-up for the CT scan of her chest.

In the following days and years, Foster was treated for other issues by multiple physicians and healthcare providers working within and outside the Ochsner Health System, with no other communication to order a repeat CT scan.

July 19, 2023

Seeking Justice After a Car Accident: The Importance of Legal Representation for Fair Compensation

by Berniard Law Firm

accident_car_accident_car-1024x683 Being involved in a car accident is unfortunate, especially when it leaves you with long-term pain and suffering. If your injuries are a direct result of a car accident, you may be entitled to compensation from those who caused them. Rather than risk representing yourself in the legal process and walking away with little to nothing, you need to be represented by a qualified attorney who can assist in getting you the damages you deserve.

Brenda Brown was stopped at a red light when she was rear-ended. The driver of the other vehicle was Homer Sargent, who had been employed by Evans Environmental and Geological Science and Management. Both vehicles were rentals from Enterprise Car Rental.

Brown claimed the car accident caused her numerous personal injuries, entitling her to compensation for not only past, present, and future physical pain and suffering, but also past, present, and future lost wages and earnings. Additionally, she argued she was entitled to damages for her diminished quality of life as well as for severe emotional and mental anguish.

July 18, 2023

Can you Sue a Hospital for Negligently Granting Your Doctor ‘Privileges’?

by Berniard Law Firm

building_hospital_within_931281-1024x683 Amid the potential chaos and life-or-death scenarios in a hospital emergency room, “negligent credentialing” might not immediately come to mind. It’s understandable; after all, numerous nightmare scenarios occupy our thoughts. However, negligent credentialing is an incredibly significant matter that hospitals face regularly.

So what is “negligent credentialing”? It all comes down to whether your doctor has the legitimate credentials to practice medicine at that hospital.

Imagine a chaotic life-or-death situation where someone you love has been rushed into the ER. Your first thought isn’t going to be, “Hm, I wonder if this doctor is board certified?” It’s assumed that if someone’s doing a professional job, they’re qualified to do it. You trust the mechanic changing your car’s oil knows what they’re doing, right? Or that your kid’s teacher has the right qualifications to teach. And your dentist—you’re pretty sure they’re qualified and accredited to poke around your mouth.

July 14, 2023

What happens if a roofer is injured while putting a new roof on your house?

by Berniard Law Firm

roofers_job_people_roof-1024x683 When accidents occur on a construction site, questions of liability and responsibility arise, leaving property owners wondering about their potential legal obligations. In a compelling lawsuit from Alexandria, Louisiana, the issue of whether a homeowner can be held liable for injuries sustained by a roofer while working on their property takes center stage. The case of Robert Schram v. Ronnie Waters provides valuable insights into this perplexing matter, shedding light on the factors determining a homeowner’s liability when a roofer falls from their roof.

Robert Schram, an employee of Dan Baker, slipped and fell while working on a tin roof. He fell while trying to catch a nail gun thrown from the ground causing him to break his ankle. He sued the property owner, Ronnie Waters, and his insurer Colony Specialty Insurance Company (Colony), claiming Waters was liable for his injuries because he was supposed to provide the necessary safety materials for the job.

The trial court granted Colony’s and Waters’s joint motion for summary judgment to dismiss the claims, which found no genuine issue of fact on the question of Waters’s liability. Schram appealed, claiming the trial judge committed a legal error in his decision because there are three issues of material fact concerning Waters’s negligence.

July 13, 2023

What Happens When You File a Claim For Workers’ Compensation in the Wrong Court?

by Berniard Law Firm

court_justice_interior_architecture-1024x768 Getting workers’ compensation from an employer is already difficult, but it is even more so when the claim is filed in the wrong court. Although employees are entitled to workers’ compensation, the claim has to be filed in the correct jurisdiction. The following case shows what happens when you are injured while working and attempt to file a claim for workers’ compensation in a state where you were not employed.

Louisiana resident Lemcy Cortez was hired by Triple F Oil Field Service, LLC, to drive trucks in Oklahoma. The day after he arrived in Oklahoma, Cortez was involved in an automobile accident that allegedly led to elbow and back injuries. He filed a Disputed Claim for Compensation in the Louisiana Office of Workers’ Compensation (OWC) against Triple F and its insurer for workers’ compensation benefits which he alleged his employer refused to pay. Triple F and its insurer claimed Cortez lacked subject matter jurisdiction. Triple F believed Cortez was hired in Oklahoma, and Cortez believed he was hired in Louisiana.

Cortez claimed he was hired over the phone in Louisiana, but in his recorded statement to the insurance company’s interviewee, he stated he was hired by Triple F in Oklahoma. Cortez offered two affidavits to support his position that he was hired in Louisiana. In the first, he claimed he contacted Triple F about the job while he was in Louisiana. He claimed he was contacted by Triple F in Louisiana when he was offered the job and accepted it over the phone. In the second, he claimed the company’s Vice President called him to offer him the job, and he knew Cortez lived in Louisiana. In addition, he claimed he understood he had been officially hired by Triple F at that point, and the company had made living arrangements for his move to Oklahoma.

July 12, 2023

Final Judgment Lacking Decretal Language: What Happens to Your Case?

by Berniard Law Firm

school_bus_canada_highway-1024x1024 It is well known that every court order contains a physical copy declaring what the verdict of the case is, otherwise known as a final judgment. However, the order must contain what we call “decretal language.” But what in the world does that mean? The Louisiana Third Circuit Court of Appeal discusses this question and when a final judgment can be amended to contain all the necessary language crucial for the order.

Upon appeal, in the Third Circuit Court of Appeal in the State of Louisiana, Cedrick Laundry alleged that his son, Sengal, was injured when the school bus he was riding hit a curb and ran into a pothole. Defendants (the School Board and others) filed for summary judgment as they believed they were not responsible for Sengal’s injuries.

Summary judgment is when there is no genuine issue of material fact as it pertains to the case. Under Rule 56(a) of the Federal Rules of Civil Procedure, if the School Board cannot prove its case, the court will dismiss it. The trial court granted their motion for summary judgment but did not state the dismissal of any or all of the claims against the School. The judgment simply stated:

July 10, 2023

Lafayette Court Denied Retaliatory Discharge Claim, Instead Found Employer to be “Very Accommodating”

by Berniard Law Firm

washington_dc_fire_ems-1024x683 In the face of a potentially unlawful termination from your job, navigating the legal landscape can be daunting. If you suspect that you have been fired unjustly, it is essential to understand the critical elements required to bring a lawsuit against your employer for wrongful or retaliatory discharge. A recent Lafayette Parish case highlights the essential evidence to support a retaliatory discharge claim. It highlights the importance of seeking legal guidance when faced with such a situation. By delving into the details of this case, we can uncover the necessary proof required to establish a compelling retaliatory discharge case and empower individuals to protect their rights in the workplace.

Pashine Broussard suffered a workplace accident while employed at Our Lady of Lourdes Regional Medical Center (“Lourdes”). Since the accident in 2006, Lourdes paid Broussard’s medical bills and accommodated her various restrictions, including allowing other employees to perform the tasks she could no longer accomplish until 2010. At that time, Broussard’s surgeon took her off work completely.

Broussard then met with Lourdes to discuss workers’ compensation indemnity benefits. Lourdes, however, informed Broussard that her time to seek these benefits had expired, as her injury occurred over four years ago; however, Broussard was approved to take a leave of absence, expiring in January of 2011. Broussard signed the acknowledgment of the leave time and then subsequently filed a workers’ compensation claim, the latter of which was ultimately denied.

July 9, 2023

Endymion Parade-Goer’s Claim Dismissed as Untimely

by Berniard Law Firm

mardi_gras_parade_new_1-1024x683 New Orleans is well-known for extravagant and entertaining Mardi Gras parades. What happens when an unknown tortfeasor injures someone during a parade? As the following case demonstrates, the claimant only has a certain amount of time to bring a lawsuit against the wrongful party, or they risk dismissal of the claim.

Lillie Love claimed she was injured during a parade of the Gentilly Carnival Club, Inc., d/b/a Krewe of Endymion (“Endymion”), when a float driver hit a metal barricade in front of her. Love then filed a lawsuit against Endymion, its insurer, Certain Underwriters at Lloyd’s, London (“Underwriters”), and the unknown driver of the float. Later, Love amended her claim to include Barry Daigle, the driver, and Daigle’s employer, Blaine Kern Artists, Inc. (“BKA”).

Endymion then filed a motion for summary judgment, claiming that Love could not meet her burden of proof under La. R.S.9:2796(A), which requires, in part, for the claimant to prove a deliberate and wanton act or gross negligence on the part of the parade krewe or organization. The Civil District Court for the Parish of Orleans granted Endymion’s motion and dismissed Love’s claims against it.

July 8, 2023

Dermatologist Not Liable For Patient’s Fall After Procedure In Louisiana Lawsuit

by Berniard Law Firm

examining_patients_dvids112692-1024x680 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 a breach of the applicable standard of care.

Kay Hanagriff received two punch biopsies at Dr. Shondra Smith’s dermatology office. While receiving the biopsies, Hanagriff told Smith she felt queasy. Smith told the nurse to put an ice pack on Hanagriff’s neck. After the nurse placed the ice pack on her neck, Hanagriff said she was feeling better. After the procedure, Smith told Hanagriff to lie flat on the exam table and had her staff monitor Hanagriff. Hanagriff ignored the staff’s instructions not to try to get off the exam table without assistance and claimed she fell and hurt her neck.

Hanagriff filed a complaint with the Louisiana Patient’s Compensation Fund. The medical review panel found neither Smith nor her staff breached the appropriate standard of care in their treatment of Hanagriff. Hanagriff then filed a lawsuit against Smith and her professional liability insurance carrier. At trial, the jury found against Hanagriff. Hanagriff appealed. She claimed the jury erred in finding Smith and her staff did not violate the applicable standard of care, and the evidence did not support the jury’s findings.

July 7, 2023

City’s Liability for a Child’s Fall on a Defective Sidewalk

by Berniard Law Firm

man_person_street_sidewalk-1024x683 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? The following case examines the liability of a city when a teenager is injured due to a defective sidewalk in front of her high school.

While fifteen-year-old Cora Minix was walking to her high school in Rayne, Louisiana, she fell on a sidewalk in front of the school and was injured. Her parents filed a lawsuit against the City of Rayne, claiming the sidewalk’s concrete was cracked and shifted as Minix walked on it, causing her to fall.

The city claimed the sidewalk’s condition was open and obvious and not unreasonably dangerous. At a trial, the court ruled in favor of the City of Rayne, finding the sidewalk’s defect was open and obvious and did not present an unreasonable risk of harm. Further, the city did not have actual or constructive knowledge of the sidewalk’s defect. The Minixes appealed.