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Trial Lawyers for
medical malpractice and severe
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July 2016 Archives

Medical malpractice award must be paid by insurance company

One general thought in Louisiana or elsewhere says that when a patient goes to a doctor complaining of a seemingly minimal medical complaint and ends up dead shortly thereafter, a thorough investigation should be made to determine whether medical negligence played a role. The stark contrast between a standard medical problem and a disproportionately frightful result, is sometimes a tipoff for medical malpractice. That is apparently what happened in another state where a woman's estate settled recently with the medical insurers for the sum of $4.9 million.

4 FAQs about Abilify's Link to Compulsive Behaviors - New Orleans Pharmacy Error Lawyer Insights

Reports continue to surface that expose Abilify's link to compulsive gambling, eating, shopping and sex. According to the U.S. Food & Drug Administration, at least 184 patients taking drugs that contain aripiprazole, the active ingredient in Abilify, have reported impulse control problems.

Medical malpractice awards may be unfairly limited by state laws

Those in Louisiana who are seeking damages from a negligent healthcare provider or professional must keep in mind that the state has a restrictive rule demanded by the medical and insurance lobbies that restricts a plaintiff's recovery for pain and suffering to $500,000. The law is particularly severe because, unlike in many other states, the law here also includes lost wages and lost earning capacity within the stated cap. Thus, a medical malpractice case that is technically worth millions may be restricted to the capped amount.

Surgeons pay $6 million in medical malpractice settlement

In Louisiana and other jurisdictions, any deviation from the minimum standard of care recognized by the medical profession with respect to the subject treatment may be medical malpractice that requires compensation to the patient or to his or her estate. The deviation must also be proved to be a substantial factor in causing the injury or death to the patient. When both negligence and causation are proved by a preponderance of the evidence, medical malpractice is established, and liability of the defendant to the plaintiff is legally mandated.

Does Invokana Cause Ketoacidosis for Patients with Type-2 Diabetes? New Orleans Pharmacy Error Lawyer Investigates

Before entering the consumer market, pharmaceuticals must pass stringent tests to prove their safety and efficacy. Unfortunately, these evaluations do not always uncover every dangerous side effect - and patients suffer the consequenphotodune-3006678-gamble-xs.JPGces.

Mother claims medical malpractice in wrongful conception case

A mother may be able to sue a physician for the doctor's failure to assist her in preventing further pregnancies. If a doctor performs a tubal ligation, for example, and the patient gets pregnant anyway, the patient may sue the doctor in Louisiana and other states on a theory or tort action called "wrongful conception." In a recent case, the doctor told the now 50-year-old patient that she did not need a tubal ligation because her tubes were "blocked" and she had no possibility of getting pregnant. The patient got pregnant and sued the doctor for wrongful conception, which is considered a form of medical malpractice.

New Orleans Wrongful Death Attorney Answers 8 FAQs about Hospital-Acquired Infections

People enter hospitals to recover from their illnesses and injuries, but far too often, patients acquire new health conditions in medical facilities. In fact, according to the Centers for Disease Control and Prevention, at least 1 in 25 patients contracts a preventable infection from a health-care center. These are called nosocomial infections.

Video: Firm Protects Interests of Brain Injury Victims | The Bowling Law Firm

Potential brain injury should be a very real concern for anyone who has been involved in a car crash, slip and fall, construction or sporting accident. Yet there can also be causes of brain injury that do not involve physical blows or other types of head trauma. A medical patient deprived of oxygen might be at risk of anoxic brain injury. Pharmacy errors or adverse medication interactions might also be culprits.

Medical malpractice award of $53 million rendered by jury

It is reasonable to expect that some of the largest settlements and jury verdicts in medical negligence cases in Louisiana and elsewhere come in the birth delivery and birth injury cases. One factor is that when a child is permanently disabled for life as a result of medical malpractice there is a need to provide professional care to the child for a lifetime. Another factor is the need to add the cost of future medical bills for treatment, medication, rehabilitation and potential surgeries for the remainder of the victim's life.