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Articles Posted in Medical Malpractice

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Louisiana Supreme Court to Consider Scope of Med-Mal Cap

Louisiana’s medical malpractice damage cap, set at $500,000.00 in 1975, could see a significant change in the scope of its application thanks to several lawsuits set to be argued before the Louisiana Supreme Court. In 1975, the Louisiana Medical Malpractice Act set a $500,000.00 statutory maximum for any amount recoverable…

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Man Suffers Amputation Due to Allegedly Defective Device, Files Suit

A veteran of both the New Orleans Police Department and the Vietnam War is suing 3M Co. due to an alleged defect in its Bair Hugger Blanket Device that lead to the amputation of his leg. Lee Edward Peyton filed suit in the U.S. District Court for the Eastern District…

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Pharmacy Sued After Woman Falls Allegedly Due to Improper Prescrip-tion

Judith Hayes, a Gretna woman, has filed a lawsuit against Rite Aid, claiming the pharmacy gave her the wrong medication, which caused her collapse in her home and injure her head. On May 26, 2014, Hayes alleges that she visited the Rite Aid located at 4535 Westbank Expressway in Marrero…

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Exception to Rule Against Untimely Claims Upheld in Washington, Louisiana

When an individual suffers an injury at the hands of another, it can be a devastating experience to both the individual and his or her family. It can impose unforeseen medical costs, result in an inability to work, create a dire financial hardship, or otherwise create a very difficult experience…

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From Contributory Negligence to Comparative Fault: A Remedy for Negligent Plaintiffs in Louisiana

Picture this unlikely scenario: An intoxicated motorist is driving his vehicle at speeds well in excess of the speed limit (let’s say, he’s traveling at 100 mph in a 35 mph zone). As the unsafe motorist approaches a downtown intersection, a jay-walking pedestrian begins to cross the street when it…

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Louisiana Second Circuit Defines the Duty of Hospitals in Medical Malpractice Cases

The Louisiana Second Circuit Court of Appeals clarified the standard of care to be used in medical malpractice cases involving hospitals and their employees. In Crockham v. Thompson, the Second Circuit ruled that hospitals should be held to a national standard of care in actions for medical malpractice. The Second…

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