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Louisiana and Mississippi Medical Malpractice Blog

Walter Morrison to Speak at MAJ's Mid-Year Convention

To conclude a busy year, Mr. Walter "Bubba" Morrison will be speaking at the Mid-Year Convention for the Mississippi Association for Justice this Thursday, December 13, 2018, from 9:00 a.m. to 10:00 a.m. at the Mississippi College School of Law. His presentation is titled "Evaluating a Potential Medical Malpractice Case Pre-Suit." 

Protecting Louisiana Drivers Across State Lines

Under Louisiana law, unless uninsured motorist (UM) coverage is offered and rejected in writing, such coverage shall be implied into all policies issued in Louisiana that provide coverage for automobile liability. But can this statutory implication of UM coverage apply outside of Louisiana? The United States Court of Appeals for the Fifth Circuit has answered that question in the affirmative.

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.

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