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New Orleans Medical Malpractice Law Blog

$15M awarded in fetal injury Depakote case

A 10-year-old boy was recently awarded $15 million by a federal jury in a case against the company that manufactures a drug known as Depakote. The boy's mother took the drug for bipolar disorder while she was pregnant with him, and she claims that this caused him to be born with a birth defect. Fetal injury from prescription drugs continues to be a problem not only in Louisiana but in states all across the country.

The woman filed a lawsuit because her son was born with spina bifida. She stated that she was not given adequate warning that the medication could cause birth defects when taken by pregnant women. Compensatory damages were awarded to her son, but no punitive damages were given by the jury.

Which Medical Specialties Have the Highest Rates of Burnout?

Work-related burnout is a serious problem among healthcare providers, and it can have devastating consequences for patients. When a physician works long hours and takes few breaks to rest or even eat, the risk of committing a medical error increases.

What Is Overdiagnosis and How Can It Hurt Patients?

According to the National Center for Policy Analysis, misdiagnoses are far more common than most people realize. In fact, when it comes to instances of medical malpractice, there are more misdiagnoses than there are surgical mistakes or pharmacy errors.

Mother Sues Louisiana Department of Health over Son's Suicide

The Louisiana Record reports on a tragic wrongful death case involving the suicide of a 19-year-old man. According to the news source, the man's mother is suing the Louisiana Department of Health and several staff members at the hospital where his death occurred for failing to prevent it.

Couple Seeks Damages from the VA for Alleged Malpractice

According to the Louisiana Record, a couple is claiming the complaint they filed against the United States of America, Department of Veterans Affairs, and Overton Brooks VA Medical Center has been denied. The couple alleges the named parties failed to comply with the Federal Tort Claims Act, which was adopted in 1946 and authorizes private parties and individuals to sue the country in a federal court.

Clinic's in vitro fertilization mistake caused pregnancy injuries

Women all across the United States have used in vitro fertilization to help them have babies that they normally wouldn't have been able to give birth to. The process is a miracle for those in Louisiana, and other states, who were once struggling to get pregnant. Unfortunately for one mom, however, one mistake that was made during her in vitro fertilization caused irreversible pregnancy injuries.

Two days after the woman had undergone the procedure that would bring her and her husband the baby that they wanted, she received a phone call from her doctor's office. According to the voice on the phone, she needed to come in immediately, as there had been an issue. It wasn't the first child that she had birthed with the help of the fertility clinic, but she was a bit apprehensive.

Veteran's family files suit for hospital negligence

A veteran's children have filed a suit for wrongful death against a VA clinic. The three plaintiffs feel that hospital negligence was responsible for their father's death. The man, who was an armorer in the U.S. Navy between the years of 1960 and 1964, was a veteran of the Vietnam War and, after retiring from the military, opened his own charter sailing company. Medical malpractice is a daily issue in the state of Louisiana, causing many deaths and injuries each year.

The veteran had entered the VA clinic in Feb. 2016 in order to undergo a series of surgeries for a condition with which he had been diagnosed. After the first operation, however, he suffered a heart attack, and his doctors determined that he was unable to withstand further procedures. In April of that same year, the man died one week after an incident occurred in his hospital room that caused him to fall. Complications from a traumatic head injury were blamed for the death.

How Common Are Wrong-Site, Wrong-Procedure, Wrong-Patient Errors? Insights from a Medical Malpractice Attorney in New Orleans

The idea that a surgeon might operate on the wrong side of the body--or the wrong patient altogether--is enough to make anyone cringe. Unfortunately, wrong-site, wrong-procedure, wrong-patient errors (WSPEs) happen more often than most people realize, and the fact that they happen at all highlights a fundamental problem in the healthcare industry.

Could My Online Presence Hurt My Claim? 3 Social Media Tips from a Medical Malpractice Lawyer in Jackson

When a healthcare provider faces a medical malpractice lawsuit, there is a lot at stake both professionally and financially. As such, his or her attorney will investigate all possible ways to discredit the plaintiff's claim. These include scouring the plaintiff's social media profiles for evidence that contradicts the patient's claims regarding alleged damages.

Patient to sue after falling off table during surgical procedures

A patient was given the go-ahead to sue after she fell off of the operating table while undergoing surgery. Although the hospital and surgeon both tried to get the case dismissed, a three-judge panel decided that the woman could indeed go forward with her lawsuit. Just as in Louisiana, patients in other states may be able to sue when they are injured during surgical procedures.

According to the suit, the woman was undergoing cardiovascular surgery at Duke University when she somehow fell off of the operating table. Her lawyer misfiled the initial paperwork for her case in 2015, giving the hospital and surgeon an opening to try and have the case dropped. There was some dispute over whether it was a negligence case or a medical malpractice suit. Two years later, the judges decided that the case could go forward.

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