For the most part, the medical practitioners of New Orleans are hardworking, conscientious individuals who make a diligent effort to do their best for their patients. While this does not mean that they never make mistakes, Louisiana’s laws do attempt to protect doctors and other medical providers by placing limitations on when they may be successfully sued for medical malpractice. First, the individual claiming to have been injured must be able to prove that – as a result of the medical provider’s error or failure to act – he or she suffered an injury that would not otherwise have occurred. Even when a mistake is made, if it does not result in any actual harm to the patient, then there is no basis for the patient receiving financial compensation for an injury. Second, even if an injury did occur as a result of a medical provider’s mistake in treatment or…Read More
New Orleans personal injury lawsuits can become complicated when medical payments are being made by government-run programs or even, in some cases, private health insurers. This is because, in many cases, these parties may have a right to full – or at least partial – reimbursement for any payments made to treat injuries for a plaintiff in a personal injury lawsuit. As a result, the agency or agencies covering medical expenses will usually want to be apprised of any resolution of the personal injury lawsuit so that they can ensure that their rights are not compromised. Further complicating such matters are several issues, including what rights does the particular agency possess, its influence over resolving the lawsuit, and the fact that the circumstances under which it is entitled to full or partial compensation may vary greatly from agency to agency. Dealing with Medicare can be particularly important. This federal program…Read More
It’s become a personal injury cliché: On some street in New Orleans, a driver lightly bumps the car ahead of him at a stoplight and the other driver jumps out holding his neck and shouting, “Whiplash!” He then sues the other driver. It is unfortunate the whiplash has become a word so associated with false claims of injury. Whiplash is an actual medical term referring to a hyperextension or over-extension injury to the neck. It is thought to be brought about when a person’s body is pushed violently forward, causing the head to snap up and back. This may lead to stretching or tearing of some muscles and ligaments in the neck. In response to the injury, the neck muscles contract to bring the head forward again and prevent excessive injury. Unfortunately, in situations such as automobile accidents where the body is rapidly decelerating, this can rock the head violently…Read More
Drowsy or distracted drivers pose a serious danger to other users of New Orleans’ streets. Because most personal injury motor vehicle accidents are, at least to some degree, attributable to the negligence of one or more drivers, auto manufacturers have been working for years on new technologies that will assist drivers in decision making. One of the latest of involves monitoring systems designed to help the driver remain in the correct lane. While several auto makers have quietly introduced systems designed to assist in lane centering for a limited number of vehicles in recent years, the Ford Motor Company recently announced that it will be offering what it terms “lane-keeping technology” as an option on certain 2013 models. This system is apparently much more comprehensive than earlier systems and, under certain conditions, allows the system to take control of the steering to return the vehicle to the center of the…Read More
Loss of consortium is a claim for monetary damages made by the spouse of a New Orleans resident who has suffered a serious personal injury. Under Louisiana law, there are seven categories under which a spouse may claim loss of consortium: (1) loss of love and affection, (2) loss of society and companionship, (3) impairment of sexual relations, (4) loss of performance of material services, (5) loss of financial support, (6) loss of aid and assistance, and (7) loss of fidelity. These categories are obviously very broad and cover a variety of things. For example, a man who performs most of the cooking and cleaning duties at his home seriously injures his back after slipping on a wet floor at a restaurant. He is no longer able to perform these duties and his wife must now do them. When his case is filed in New Orleans, his attorney also may…Read More
When a New Orleans resident wishes to pursue a medical malpractice claim, Louisiana law requires that the matter be screened by a Medical Review Panel before proceeding. While an adverse opinion from the Medical Review Panel does not bar an injured person from pursuing a medical malpractice lawsuit, the opinion of the panel is admissible in later court proceedings. The Medical Review Panel does not function like a court of law. There is no live testimony or cross-examination of witnesses. Instead, the parties are required to submit all evidence they wish the panel to consider in written form. If a party believes that the testimony of any of the parties or witnesses is necessary for the Medical Review Panel’s determination, depositions may be taken prior to the Medical Review Panel being convened. A transcript of this deposition testimony may then be submitted to the panel. The other evidence that the…Read More
When a personal injury case in New Orleans is brought to trial, Louisiana law and the specific rules of the court where a trial occurs control how a jury is chosen. While the details regarding jury selection may vary, here are some general rules on how this process occurs. Jury selection starts with a large pool of people for your lawyer and the defendant’s lawyer to choose from. These people will be questioned to see if they have any obvious conflict that would bar them from hearing the case. Relatives and employees of the parties would have an obvious conflict. Other areas that may indicate an obvious conflict include having prior knowledge about the case and having previously interacted with one of the parties involved, their lawyers, or witnesses. Potential jurors with an obvious conflict may be dismissed. The attorneys for each party will also question jurors regarding specific topics…Read More
Because personal injury attorneys deal with the results of so many automobile accidents, we tend to see New Orleans as a very dangerous place to drive. A recent national study on the implementation of highway safety laws, however, reveals that Louisiana has actually done well when it comes to implementing new laws aimed at reducing injury and death arising from motor vehicle accidents. The publisher of this report, Advocates for Highway and Auto Safety (A.H.A.S.), is an alliance of consumer, health and safety groups and insurance companies that seeks to improve highway and vehicle safety through the improvement of state and federal laws, programs and policies. This is the ninth year it has published its Roadmap to State Highway Safety Laws, which ranks the states based on their implementation of various traffic safety laws and their efforts to improve traffic safety. Each state is rated based on the color signals…Read More
Dogs are a popular pet in New Orleans. Unfortunately, that means that dog bite injuries are not an unusual occurrence. Should you become injured by a dog, there are a number of steps to consider taking. The most important thing you can do, especially if you are badly injured, is to seek medical care for your wound. Once this has been accomplished, try to find out if the dog has had its rabies shots. After these initial steps have been taken, you can then look to protect your rights should you need to pursue a personal injury claim. Once you are in a condition to do so, you should contact the local police department. They will prepare a report documenting the incident. Also, you should attempt to get name and address of the dog owner. If the owner is willing to share any information with you regarding his or her…Read More
It is difficult for any New Orleans resident to suffer a loss of income. When this loss of income arises from a personal injury accident, the injured party may seek compensation for lost wages as part of a lawsuit. When doing so, however, he or she must be able to establish the value of these lost wages. Lost wages fall under a category of damages referred to as “special damages”. Special damages consist of costs arising from the injury that can be established with a reasonable degree of mathematical certainty. In addition to lost wages, special damages include items such as medical bills and replacement of property. All of these items may be numerically calculated based on established prior losses and anticipated future losses. Because lost earnings can be mathematically determined, the Louisiana courts have tended to limit the discretion of the jury when setting an amount to award in…Read More
