Louisiana Personal Injury Lawyer Blog
Every medical professional has a standard of care he or she must adhere to. No one wants to deal with the failure to meet this standard of care, but oftentimes, life puts us in unfortunate situations. When we suffer injuries—or worse—at the hands of those who are supposed to treat, heal, or diagnose us, medical malpractice can help provide compensation. In a recent case appealed to the Court of Appeal for the Third Circuit of Louisiana, a medical malpractice claim was made against the Louisiana State University Health Systems Moss Regional Medical Center (“Moss Regional”).
On July 13, 2009, Geranda Matthews went to Moss Regional where she underwent tests that revealed a mass in the right upper lobe of her right lung. Physicians Dr. Arnold Kent Seale and Dr. Ping Kok Lie ordered a biopsy to see if the mass was cancerous. The biopsy was performed on July 15, 2009, but there insufficient tissue for a diagnosis, so a second biopsy was performed that October. Like the first biopsy, it did not have enough tissue for the pathologist and so Mrs. Matthews was not diagnosed or treated for cancer at Moss Regional. Unfortunately, in April of 2009, Mrs. Matthews was admitted to Our Lady of Lourdes Hospital as the mass in her lung was cancerous, had spread, and was causing pain and paraplegia. Though she was treated for cancer, Mrs. Matthews passed away.
Her husband, William Matthews, filed a medical malpractice claim against Rapides Regional, claiming that the doctors failed to diagnose her cancer, therefore decreasing her chance of receiving successful treatment. Mr. Matthews filed a motion for summary judgement—a motion for judgment as a matter of law rather than on the facts—claiming it was appropriate because the damages Mrs. Matthews suffered were greater than the $500,000.00 cap for medical malpractice. La. C.C.P. art. 966(B)(2).
A report from the U.S. Department of Veterans Affairs (VA) medical centers shows that Tinnitus and hearing loss are the number one and two health conditions among military veterans. In 2017, almost two million Veterans were receiving disability compensation for tinnitus and over a million were receiving compensation for hearing loss. Recently a 
What happens when you file a lawsuit and then fail to file any pleadings beyond the initial Petition for Damages? Is the case eligible for a new trial? Or is simply determined abandoned? Typically, when you wait too long to respond after a lawsuit has been filed, the case will be considered abandoned, and it will be dismissed. There are two types of case dismissals: (1) dismissal with prejudice, and (2) dismissal without prejudice. Generally, when a case is dismissed with prejudice, you cannot get a new trial even if the statute of limitations has not run out, and there is no right to appeal. 
Generally, when you have a car accident it is a fender bender, and it is clear to the police and the court what events took place. However, in some situations, the evidence can support different versions, and the parties do not agree on what occurred. Typically, when there are conflicting stories in a case, it is up to a fact finder to determine which version is the “truth.” A fact finder may be a judge or a jury. However, when the trial court’s determination of fact is appealed, the Louisiana Supreme Court has established a two-part test to determine if the trial courts finding was correct or must be overturned. First, the Louisiana Appellate Court must make the determination after reviewing if a reasonable factual basis exists for the finding of the trial court; second, the Louisiana Appellate Court must determine if the record establishes that the finding of the trial court is clearly wrong (
Almost every adult American has thought about what would happen if they were injured at work. They ask would they receive enough to sustain their pre-injury lifestyle and if not, what remedies are available. Typically, employees are eligible for workers’ compensation, but the workers’ compensation system seems odd to some people. For example, if you lose a finger at work, you will get a set amount, but depending on what finger you may get more than someone else who also lost a finger. The question, in this case, is whether Terry Russell, who was injured on the job, is eligible for supplemental earning benefits (“SEBs”). A SEBs award is based on the difference between the claimant’s pre-injury average monthly wage, and the claimant’s proven post-injury monthly earning capacity. 
Could your contract to build a new home prevent you from bringing a negligence claim if there is negligent conduct? While stressful, at the end of the day, buying and building a new home should be a positive thing that improves quality of life. When Glenn and Sandra Wilson designed and bought a new home, they felt otherwise. They believed their home had both design and construction deficiencies. Thus, they filed a lawsuit in East Baton Rouge Parish against several defendants involved in the design and construction of their home. Acadiana Home Design and Murry Daniels were alleged to have both provided design plans for the Wilsons’ home as well as failed to supervise construction. 
While running errands all day, to the cleaners and the grocery store, the last thing on one’s mind is getting hurt along the way. Proving fault for an injury can sometimes be more of a pain than the injury itself. Collecting evidence like pictures or eye witness reports is the last thing you want to do after suffering a fall, but to prove your case in court, it is necessary. Failure to do so can result in not only the pain from your injury but also the bill.
Everyone has that one coworker that just gets under their skin. Some days even the sound of their voice feels like it will push you over the edge. However, when things turn physical in the workplace, not only is an employee at fault, but the company may be as well.
The term concurrent-cause is a legal doctrine that may be vital to your commercial property. If loss or damage occurs as a result of two or more causes, one event may be covered while the other is not. It would not matter if the events happened at the same time, or if one event occurred before the other. That is why [i]t is essential that the insured produce evidence which will afford a reasonable basis for estimating . . . the proportionate part of damage caused by a risk covered by the insurance policy.” 
In the law, words matter greatly. How even one word is defined can make or break a lawsuit. However, courts do not allow words to be defined willy-nilly. There are certain methods courts will use to define words. In the case below, we will see how the plaintiff’s case was rendered moot due to the court’s interpretation of a word.