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August 2016 Archives

How Do You Know If Your Child Has Cerebral Palsy? 3 FAQs Answered by a New Orleans Birth Injury Attorney

Cerebral palsy is a neurological condition that affects muscular coordination and balance. It is usually the result of a traumatic pregnancy or birth injury.

Medical malpractice occurs when diagnostic protocols are ignored

The failure to diagnose correctly is a major cause of injury and death in Louisiana to unsuspecting patients who have placed their trust in a physician's hands. Physicians and other medical providers are held to a minimum standard of competency in treating a patient. Medical malpractice results when the doctor fails to follow the indicated protocol that a competent examination of the patient would require.

Medical malpractice damages caps are unfair to innocent victims

Now that a highly respected study by medical researchers indicates that medical negligence is the third leading cause of death in the country, public awareness of the problem is hopefully growing. The crisis indicates an industry-wide scandal that the medical industry must work to reverse. Up until the release of those statistics, the medical and insurance industries had monopolized legislative influence in many states. The industry's lobbyists had compelled state lawmakers in many states, including in Louisiana, to pass anti-consumer, restrictive laws limiting mercilessly what innocent medical victims or their families could collect in cases of serious medical malpractice.

Common Symptoms of a Spinal Cord Injury - and What to Do about Them: Advice from a New Orleans Medical Malpractice Lawyer

Your spine is a precious, highly complicated mechanism. Imagine tall scaffolding structure, carefully and diligently supporting a tall, heavy building - and now imagine how flexible that support will need to be when the building begins to walk.

Estate of 93-year-old woman sues for hospital malpractice

Those who practice personal injury law in Louisiana know that the life of an elderly person is not worth as much in a wrongful death case as the life of a younger person with many more years left to work at the time of death. As society itself matures, however, it may learn that there are many non-monetary aspects of a person's remaining life that may be recognized in an award for damages. There were recent reminders of that issue when the daughter of an elderly decedent sued a hospital for medical malpractice after her mother died from receiving an improper procedure.

Mother's medical malpractice claim gets $16 million award

Louisiana, like other states, sees many birth injury claims annually. Occasionally, injuries during child delivery are suffered by the mother and not the baby. That happened recently when a woman suffered a permanently painful condition after going to a special center that advertised natural birth procedures. A jury recently awarded the woman $16 million in a medical malpractice claim against the center.

What Are Common Challenges of Winning a Medical Malpractice Claim?

If a patient suffers an injury or illness due to the negligence of a health-care worker, then the former may have grounds for a medical malpractice claim. However, winning a medical malpractice claim is a legally complex process that may require the testimonies of economists and other experts, careful evaluation of doctors' records, independent medical examinations and other evidence to prove negligence, liability and damages.

Who Is Liable for Injuries Caused by a Medical Product Defect?

Companies that manufacture medical products must issue a recall if they discover a safety defect. The U.S. Food & Drug Administration may request a recall if it receives reports about product malfunctions, unexpected side effects or other defects.

Limitations period must be checked in medical malpractice claim

Louisiana, like all states, has a number of statutes that define the time during which a person can bring a lawsuit. These are called statutes of limitation. In a medical malpractice case, the statute of limitations can often become an issue that the defense may raise to try and say that the plaintiff took too long to file the case.

Economic vs. Noneconomic Damages - What's the Difference? New Orleans Wrongful Death Lawyer Explains

Medical malpractice can have far-reaching consequences for patients and their families. Many victims face permanent health problems; others can never work again or enjoy the same activities or lifestyles.

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