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Louisiana and Mississippi Medical Malpractice Blog

Joint Tortfeasors and Prescription under the Medical Malpractice Act

In his latest article for the August/September issue of the Louisiana Bar Journal, Robert David expounded upon a decision from the Louisiana Court of Appeal for the Fourth Circuit ruling on prescription against jointly and solidarily liable tortfeasors under the Louisiana Medical Malpractice Act.

Doctor Has No Patience for Patient's Medical Malpractice Claim

In an article for the June/July 2018 issue of the Louisiana Bar Journal, Robert David discussed a case from the Louisiana First Circuit Court of Appeal that ruled on a doctor's claims of malicious prosecution and defamation. 

How Late Is Too Late? Paying Filing Fees Under the Medical Malpractice Act

Robert David wrote an article for the April/May 2018 issue of the Louisiana Bar Journal, discussing the meaning of  "to pay" a filing fee within the Medical Malpractice Act.

Falls and Brawls: What Qualifies as "Health Care" Under the Medical Malpractice Act?

Robert David recently wrote an article for the Louisiana Bar Journal, discussing two cases from the Louisiana Second Circuit Court of Appeal that further defined what qualifies as "health care" under the Medical Malpractice Act (MMA).

Are hospitals hiding 'superbug' outbreaks from the public?

Reuters Investigates recently published a multi-part exposé on antibiotic-resistant bacteria, or "superbugs" linked to excessive use of antibiotics. Noting that there is no national database of outbreaks, the reporters filed public records requests in every state to determine how outbreaks of potentially deadly pathogens are being handled. The results were not very promising.

For one thing, only 29 states provided any information at all. The others claimed to have had no outbreaks or to be prohibited by law from sharing the information. The reporters sent additional information requests and drew from academic literature to fill in the picture, and they ended up with one of the most comprehensive counts of superbug outbreaks ever created, albeit one lacking some very desirable information. For example, it wasn't possible to determine how many people have been sickened or killed by drug-resistant bacteria.

How do you prove medical malpractice?

When we are sick, stricken with disease or facing an emergency, we rely on doctors and hospitals to heal us. Most of the time, they do heal us, and in so doing, they provide society with an invaluable service. Nine times out of ten we owe them our lives and a whole lot of gratitude. However, doctors and surgeons are humans, too, and are thus susceptible to the same things we all face: bad days, forgetfulness and even malice.

Are fatigued physicians as dangerous as drowsy drivers?

Ask any trucker who drives on I-10 in and out of New Orleans and they will tell you that drowsy drivers are dangerous drivers. Research shows that fatigue slows reflexes, diminishes judgment and sometimes blurs vision.

Think about this, though: Why is it widely acknowledged that it is dangerous for people to drive while drowsy, but accepted in the medical community for fatigued doctors to prescribe medications, make diagnoses and even perform surgery?

Decedent's daughter says nursing negligence killed her mother

Many adult children in Louisiana and elsewhere face various challenges when seeking appropriate care facilities to provide for aging or ailing parents. When tragedies occur due to nursing negligence, anger and frustration set in. An intense desire for justice leads many to file medical malpractice lawsuits concerning injured or deceased parents.

A 68-year-old woman diagnosed with dementia a few years ago. She lived in a nursing home and apparently had a history of falling. The woman died in 2014, and a controversy erupted surrounding the incident, as the coroner's office said it received three varying accounts from nursing staff members regarding what had happened.

Ebola survivor settles hospital negligence case

Many people in Louisiana and beyond have dreamed of becoming famous one day. None, however, would likely wish their notoriety to come by way of contracting a potentially fatal, communicable disease. This, unfortunately, is exactly what catapulted a nurse in a neighboring state to fame;  she became ill, then filed a hospital negligence claim.

Nina Pham was thrust into the media limelight as a nurse who cared for the first patient to be diagnosed with the Ebola virus in the United States. She was part of a medical team who was appointed to care for the man. At some point, Pham became infected with the virus. She survived, but later filed a lawsuit against the hospital, asserting that not enough was done to protect her from contracting the highly contagious disease. 

Jury finds that misuse of forceps caused birth injuries

Parents whose child has permanent brain damage are reportedly grateful for a recent verdict that came after a two-week trial. The child was born in 2010. Approximately two years later, a lawsuit was filed in a civil court outside Louisiana against the hospital and clinic, seeking justice on behalf of the child for the birth injuries he suffered.

Attorneys for the defendants denied that wrongdoing or lack of proper care occurred during labor and delivery. The parents of the severely injured child asserted otherwise. They claimed that forceps were misused during their son's birth. Also, there were reportedly breathing problems left unaddressed while the child's condition continued to decline. The parents' attorney further noted that there was evidence that the child's electronic medical records had been corrupted.

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