Negligence

July 8, 2023

Dermatologist Not Liable For Patient’s Fall After Procedure In Louisiana Lawsuit

examining_patients_dvids112692-1024x680 Medical malpractice claims typically involve allegations of negligence during a medical procedure. However, the following case presents a unique scenario where the alleged injury occurred after the procedure was completed. It examines the legal considerations and challenges in such situations, emphasizing the importance of evidence and expert testimony in establishing a breach of the applicable standard of care.

Kay Hanagriff received two punch biopsies at Dr. Shondra Smith’s dermatology office. While receiving the biopsies, Hanagriff told Smith she felt queasy. Smith told the nurse to put an ice pack on Hanagriff’s neck. After the nurse placed the ice pack on her neck, Hanagriff said she was feeling better. After the procedure, Smith told Hanagriff to lie flat on the exam table and had her staff monitor Hanagriff. Hanagriff ignored the staff’s instructions not to try to get off the exam table without assistance and claimed she fell and hurt her neck.

Hanagriff filed a complaint with the Louisiana Patient’s Compensation Fund. The medical review panel found neither Smith nor her staff breached the appropriate standard of care in their treatment of Hanagriff. Hanagriff then filed a lawsuit against Smith and her professional liability insurance carrier. At trial, the jury found against Hanagriff. Hanagriff appealed. She claimed the jury erred in finding Smith and her staff did not violate the applicable standard of care, and the evidence did not support the jury’s findings.

July 7, 2023

City’s Liability for a Child’s Fall on a Defective Sidewalk

by Berniard Law Firm

man_person_street_sidewalk-1024x683 Parents can imagine all sorts of dangerous situations their children could find themselves in walking to school – kidnappings, getting hit by a car, bullying. But what happens if the cause of the injury was a defective sidewalk the city was supposed to maintain? Can the city be held liable? The following case examines the liability of a city when a teenager is injured due to a defective sidewalk in front of her high school.

While fifteen-year-old Cora Minix was walking to her high school in Rayne, Louisiana, she fell on a sidewalk in front of the school and was injured. Her parents filed a lawsuit against the City of Rayne, claiming the sidewalk’s concrete was cracked and shifted as Minix walked on it, causing her to fall.

The city claimed the sidewalk’s condition was open and obvious and not unreasonably dangerous. At a trial, the court ruled in favor of the City of Rayne, finding the sidewalk’s defect was open and obvious and did not present an unreasonable risk of harm. Further, the city did not have actual or constructive knowledge of the sidewalk’s defect. The Minixes appealed.

July 5, 2023

Doctors Not Required To Act Perfectly: Determining The Applicable Standard of Care In Medical Malpractice Lawsuits

by Berniard Law Firm

ship_s_doctor_doctor-1024x672 If your doctor makes an obvious mistake in a surgery, you might think you can succeed in a medical malpractice lawsuit against the doctor. However, Louisiana law does not require a doctor to act perfectly. Therefore, if you are considering bringing a medical malpractice lawsuit against a medical professional, you must understand the applicable standard of care you are required to prove they did not satisfy. This case illustrates how the standard of care a doctor is required to follow depends on the existing circumstances.

Martin Van Buren suffered from kidney disease and underwent a kidney transplant as a young adult. Approximately 12 years later, he suffered additional health problems. While at a hospital in Monroe, Louisiana, he suffered a large gastrointestinal bleed.

While Van Buren was in the ICU, Dr. Claude B. Minor, Jr. was asked to do an emergency surgical consult. When Minor entered the hospital room, Van Buren vomited blood and went into cardiac arrest. Minor stabilized Van Buren and took him to surgery to remove the ulcer. Minor told Van Buren’s mother it was unlikely Van Buren would survive the procedure. After Minor removed the part of the stomach with the ulcer, Van Buren started to bleed in his intestines. While dealing with that complication, Minor reconnected the stomach to the incorrect part of the bowel, which made it so Van Buren could not absorb food. This resulted in diarrhea, malnutrition, and excessive weight loss. The error was later identified and corrected by a different doctor.

July 1, 2023

Worker Entitled To Workers’ Compensation From Injuries From Passing Out At Work

by Berniard Law Firm

computed_tomography_human_brain-1024x730 You might be eligible for workers’ compensation if you are injured on the job. However, you must be honest in your communications with your employer and medical providers because, under Louisiana law, you forfeit your rights to any such benefits if you make misrepresentations or false statements concerning your workers’ compensation scheme. What happens if these misrepresentations appear to result from memory impairments related to your on-the-job injury? The following lawsuit helps answer this question.

While working as a security guard at the Golden Nugget Casino, Katina Hodges fainted and fell to the floor. Her legs and knee hit the floor. She hit her head on the floor and appeared to have seizures. At Christus St. Patrick Hospital in Lake Charles, Louisiana, a CT scan showed she suffered a hemorrhage in her brain. Hodges subsequently received treatment for her injuries, which included aggravations of preexisting conditions.

Golden Nugget filed a Notice of Controversion, claiming it did not owe Hodges anything because ha fainting spell caused her injuries. Hodges claimed she had passed out, fell, and was injured while working. In response, Golden Nugget claimed Hodges had forfeited any benefits under La. R.S. 23:1208 because she had made misrepresentations associated with her claim. The matter went to trial before the Workers’ Compensation Judge, who ruled that Hodges’ fall was an accident and she had suffered injuries caused by the accident. Golden Nugget was ordered to pay temporary disability benefits, supplemental earnings benefits, medical benefits, a penalty of $2,000 for failing to pay Hodges’ indemnity benefits, a penalty of $2,000 for failing to pay Hodges’ medical expenses and $25,000 in attorney fees. Golden Nugget appealed.

June 26, 2023

Medical Malpractice Claim Dismissed For Lack of Expert Testimony

by Berniard Law Firm

medical_inject_blood_patch-1024x642 In a medical malpractice lawsuit, there are numerous procedural and evidential requirements with which a plaintiff must comply to support their claim. This case illustrates what can happen if a plaintiff does not comply with these requirements, specifically providing expert testimony supporting the malpractice claim.

Tanya Madere filed a lawsuit against Dr. Louise Gautreaux Collins. Madere claimed she suffered complications from a gynecological surgery due to Collins’ negligence, including kidney complications and the need for additional surgeries and treatment. A medical review panel was found in favor of Collins. Madere then filed a lawsuit against Collins.

Collins filed a summary judgment motion, arguing Madere’s claims should be dismissed because she had not provided expert testimony to support her claim that Collins had not followed the applicable standard of care or to support that the breach had resulted in Madere’s injuries, as required under Louisiana law. See Samaha v. Rau. Madere opposed Collins’ summary judgment motion, arguing she had retained Dr. Lawrence Kim as an expert and needed time to complete discovery. The court continued the hearing related to Collins’ summary judgment motion for a few months.

June 25, 2023

Navigating Conflicting Testimonies in Car Accident Cases

by Berniard Law Firm

car_burning_wreck_fire-1024x683 Assigning fault in a vehicle accident can be challenging, especially when witnesses present conflicting accounts of what transpired. The struggle to ascertain the truth becomes even more pronounced when there are discrepancies in testimony regarding the events leading up to the accident. But what happens when conflicting narratives emerge in court? The following lawsuit out of New Orleans helps answer that question.

Brenda Gaines and Laura Wilson were involved in a car accident on the ramp onto the Chef Menteur Highway in New Orleans, Louisiana. Gaines filed a lawsuit against Wilson and her insurers, claiming she had been injured and her rental car had been damaged. Both Gaines and Wilson testified at trial.

Gaines claimed Wilson made a U-turn without warning and crossed into the far-right lane, where she collided with Gaines. Wilson did not deny making a U-turn but testified she had never changed lanes during the relevant period preceding the accident. Gaines claimed she had fully cleared the exit ramp when the accident occurred. She did not recall whether there had been a yield sign. She believed she did not have a duty to yield to traffic in the right eastbound lane but testified she had looked and did not see any traffic before proceeding.

June 24, 2023

Workers’ Compensation Lawsuits and the Battle for Evidence

by Berniard Law Firm

pelicans_australian_pelican_pelican-1024x1024 Unfortunately, heart attacks are one of the most common causes of death. If a loved one suffers a heart attack while on the job and you file a workers’ compensation claim, you must provide evidence to support your claim. But what happens if the employer files a motion for summary judgment before you can complete discovery?

Michael Mack Sr. worked as a prep cook at the restaurant Blind Pelican. While working a shift, he went into the restaurant’s bathroom, where he tragically suffered a heart attack. He was transported to Touro Hospital via ambulance and died later that night.

After Mack’s death, his wife, Denisa Allen, filed Form 1008, a disputed claim for compensation under La. R.S. 23:1231, on behalf of her minor child. She described the accident as a heart attack while he was on the job and provided medical data from the New Orleans coroner.

June 21, 2023

Allocation of Fault and Damages in a Car Crash: Who is Right?

by Berniard Law Firm

car_crash_1-1024x768 If you ever find yourself injured in a car accident, it’s crucial to seek legal advice from a licensed attorney in your jurisdiction. Consulting with an attorney can help you understand your rights and determine if you are entitled to compensation, depending on the allocation of fault. Car accidents can be complex, and navigating the legal process requires expert guidance.

A motor vehicle accident occurred at the intersection of Louisiana Highway 315 and Concord Bypass Road in Terrebonne Parish. The accident involved a pickup truck driven by Michael Gaither and a utility van driven by Deputy Warren Webre. Gaither used the turning lane to pass slower traffic when Deputy Webre’s van collided with his vehicle. The investigating officer cited both drivers, citing failure to stop and yield for Deputy Webre and improper lane usage for Gaither.

Following the accident, Gaither filed a lawsuit seeking damages for his injuries. He alleged that Deputy Webre’s failure to pay proper attention and yield caused the accident. Gaither claimed that even if he had turned left onto Concord Bypass Road, the collision would have occurred due to Deputy Webre’s actions. Gaither argued that Deputy Webre should bear a greater share of the fault.

June 20, 2023

Should Courts Limit Liability for Distracting Passengers?

by Berniard Law Firm

auto_wall_breakthrough_art-1024x683 From a serious crash to a minor fender bender, car accidents take a devastating emotional and financial toll on the people involved. Common principles of fairness suggest that if a distracting passenger helped cause the crash, they should also be liable to help pay. Unfortunately, deciding which acts are sufficiently distracting enough to warrant liability in comparative negligence law can be complicated. The thought-provoking lawsuit of Christy Robinette versus Old Republic Insurance Company sheds light on this issue, raising the question: Should courts restrict liability for passengers who contribute to distractions?

The case of Christy Robinette versus Old Republic Insurance Company involves a passenger (Robinette) and a driver (Zeno). During a heated argument, Zeno’s car collided with another and injured Robinette. Robinette brought a lawsuit for costs associated with her injuries.

Zeno argued that because Robinette was screaming and cursing at him, she should take some liability for the crash. The court ultimately denied relief based on a few justifications.

June 18, 2023

What are the liability standards for ambulances and other emergency vehicle drivers involved in a car accident?

by Berniard Law Firm

bellingham_fire_ambulance_4-1024x683 Determining liability can be complex when a car crash occurs and even more so when one of the vehicles involved is an ambulance. In Louisiana, the law applies a unique standard of care to emergency vehicle drivers. So what are the liability standards for ambulances and other emergency vehicle drivers involved in car accidents? The following lawsuit out of Lafayette, Louisiana, helps answer that question.

Gerald Janise was involved in a collision with William Gerard at an intersection in Lafayette, Louisiana. At the time of the accident, Gerard was driving an Acadian Ambulance Service vehicle. Janise filed a lawsuit against Gerard, Acadian Ambulance Service, and their insurer.

Janise claimed at a red light, Gerard did not obey the traffic signals or exercise proper caution and collided with Janise’s car. Gerard filed a summary judgment motion, arguing under La. R.S. 32:24, the driver of an emergency vehicle responding to an emergency can only be held liable if his conduct amounts to reckless disregard for others’ safety. The court denied Gerard’s summary judgment motion.