Over 6,000 pedestrians were killed in 2018, according to the Governors Highway Safety Association. Pedestrian fatalities have increased 41 percent since 2008 and now account for 16 percent of traffic fatalities. Everyone has heard the old adage, “the pedestrian has the right-of-way,” but, from a legal standpoint, that is not always correct. In an accident involving a pedestrian and a vehicle, a pedestrian can actually be at fault, in whole or in part. The Fault of the Driver A driver is “at-fault” or negligent if their conduct deviates from that of a reasonably prudent driver under the circumstances. In addition, a plaintiff must also prove that the driver’s negligence was the actual and proximate cause of their damages. If a......
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How Fault is Determined in a Pedestrian Accident
July 25th, 2019Medical malpractice lawsuit results in $3 million award
July 23rd, 2019On behalf of David Bowling of The Bowling Law Firm, A Professional Law Corporation posted in Medical Malpractice on Tuesday, July 23, 2019. When a person undergoes any sort of medical test in Louisiana or elsewhere, unless told otherwise, he or she likely assumes the physician has recommended the test as a necessary and relatively safe diagnostic tool. Unfortunately, in the case of one woman from another state, this assumption proved inaccurate. The woman died a few days after attending what she thought was a routine doctor’s appointment, and a jury recently awarded her daughter $3 million in a medical malpractice lawsuit against the hospital and the cardiologist who treated her. The award has since been reduced to $2.6 million, and the doctor was dropped from the suit.......
read moreLawsuit accuses fertility clinic of medical malpractice
July 15th, 2019On behalf of David Bowling of The Bowling Law Firm, A Professional Law Corporation posted in Medical Malpractice on Monday, July 15, 2019. Many Louisiana couples can relate to the concept of struggling to conceive a baby. In some cases, people in this situation will try various methods in their attempts to achieve pregnancy. Such was the case with a couple based in another state who pursued in vitro fertilization through a reputable fertility clinic. After the woman gave birth to two baby boys who were not related to either her or her husband, they filed a civil lawsuit accusing the clinic and its owners for medical malpractice. Following the couple’s marriage in 2012, they tried to conceive but were unsuccessful. The couple then tried various strategies......
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