Medical procedures are never an enjoyable process. However, the process becomes even more miserable when recuperation is delayed because of infections. Darrin Coulon found himself in this situation after receiving shoulder surgery in 2011 from Dr. Mark Juneau at the West Bank Surgery Center. His recovery became even more difficult…
Lawsuits are filed every day. However, not all of these lawsuits are worth the attention of the courts. Courts are already swamped with dozens and dozens of cases on their dockets and they cannot afford–both monetarily and temporally–to hear every case that comes to their courtrooms. As a result, courts…
Medical malpractice claims often present complicated issues involving hard to understand medical principles. Such lawsuits can become further complicated by questions of whether hospitals, in addition to the doctors themselves, can be held liable for a failure to act that results in a patient’s death. This is the question faced…
Maybe you’ve been there. Lying on a cold surgical table. The anesthesiologist places the mask over your face and says to count backwards from one hundred. “100…99…98…” Most people don’t remember much after that. But imagine waking up from a procedure and discovering that you have no feeling in your…
The statute of limitations, by definition, is the timeframe set by a state or federal legislative body in the creation of a law which governs when a party must file a claim to enforce his or her right or seek redress after injury or damage. The statute of limitations on…
Medical Malpractice lawsuits can be extremely complicated and fact-specific. The general Louisiana law requires claims to be brought within one year of treatment. The Louisiana law also distinguishes liability based on intentional actions from negligent actions. The following case illustrates how in-depth a medical malpractice claim can become. The Plaintiff,…
The already tragic loss of a parent is only made worse when you believe that the death should have been prevented. Such was the case for Chester Domingue when his ninety-four-year-old mother, Onelia, passed away as the result of a fall in her nursing home, Camelot. While a medical provider…
Losing a family member just a few shorts weeks after the family member was discharged from surgery can cause one to wonder if the death occurred due to medical malpractice. Providing expert medical testimony can often be essential to succeeding in a medical malpractice lawsuit, and certainly in the case…
Medical malpractice lawsuits have a one year deadline for a patient to bring a lawsuit. This is called the peremptory exception of prescription. This deadline attempts to provide the patient with enough time to figure out they have been wronged by a doctor, while also providing doctors with protection against…
The biggest obstacle to any plaintiff in a medical malpractice case is prescription, but what is that? In the state of Louisiana, prescription is a peremptory exception that can be claimed by defendants. Prescription can be thought of as a privilege for medical professionals which exempts them from malpractice cases…