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Lake Charles Personal Injury & Wrongful Death Law Blog

A Woman Post-Surgery Suffers a DVT and Pulmonary Embolus that was Misdiagnosed and Untreated due to a Radiologist's Error

Radiological studies can play a very large role in the diagnosis and treatment of a patient. When studies are not done or are incorrectly read the consequences can be detrimental to the patient. In this case, the patient suffered a DVT, a type blood clot that often occurs after surgeries. The DVT was missed by a radiologist in a Venous Doppler Study. Due to the radiologist's error the client suffered a pulmonary embolus. A pulmonary embolus is a blockage of blood flow in the lungs by a blood clot. Due to her suffering both a DVT and a pulmonary embolus the client now suffers from shortness of breath, fatigue, and chest pains; the client also now has a greater likelihood of suffering from another DVT. The misread radiological study constituted a breach in the standard of care, and Todd Townsley was able to make a recovery for the client.

How a careless surgeon can be held accountable for damages

Louisiana surgeons are some of the best in the nation and have treated thousands of patients successfully. Patients go to these doctors regularly, trusting them with their health and their lives. However, in rare cases, surgeon negligence has caused patients serious injury and sometimes even death.

When a medical professional is negligent, it is referred to medical malpractice. When medical malpractice occurs, the patient may file a lawsuit against the doctor or surgeon in order to recover damages for their injuries. In order to file a successful lawsuit, there are certain elements that must be present. First, the physician must owe a duty of care to the patient. Typically, when a doctor voluntarily agrees to treat a patient, a doctor-patient relationship is established. The doctor then owes the patient a duty of care and is required to treat the patient with the degree of skill, care and diligence required of a reasonably competent physician under the same circumstances.

Auto accidents severely impact society and its economy-Part I

Motor vehicle accidents are a sad reality. Auto accidents continue to occur in Lake Charles, Louisiana, and elsewhere and many are injured or killed as a result. An auto accident can have lasting and devastating effects on accident victims or a victim's survivors. Additionally, these accidents also impact the whole of America's society and its economy.

The National Highway Traffic Safety Administration recently updated a report, which puts the national economic loss due to motor vehicle accidents at more than $240 billion for the year 2010 alone. According to the report issued last month, this figure is based on the present value of lifetime economic costs of nearly 33,000 fatalities and almost 4 million non-fatal injuries that occurred in 2010. In addition, the report also factored in the costs associated with 24 million damaged vehicles.

Wrongful death actions in the state of Louisiana

The loss of a loved one is never easy. The situation can be worse when it is apparent that the loss was a result of someone else's negligence. Thankfully, Louisiana laws acknowledge such situations and therefore, the laws have provisions under which the accident victim's surviving family members can claim compensation. Such legal actions, which are called wrongful death actions, can compensate the survivors for medical expenses and pain and suffering before the accident victim passes away. The compensation can also cover lost wages if the accident victim earned a salary.

However, only certain people can file a wrongful death claim according to Louisiana laws. For example, the victim's spouse and children have the first right to claim damages for a wrongful death. In the event that the victim does not have a spouse or children, the right to claim compensation for wrongful death lies with the victim's parents.

Medical malpractice litigation -- the steps to follow

Many residents of Louisiana may agree that medical malpractice incidences are reported quite often in the state. Generally, medical malpractice refers to injuries or damages caused by negligence on the part of healthcare professionals who deviate from the accepted standards of practice. Medical malpractice cases may include negligence during surgery, treatment or recuperation period. A victim or the family of a victim of medical negligence may sue the medical professionals or the hospital for the damages.

But before pursuing a claim against the healthcare professionals, it needs to be proved that there was a deviation from the standards of practice and the concerned medical professionals were indeed responsible for the victims' condition. Claims against medical negligence should be filed within a given period of time, as suggested by the law. The usual time for filing a claim is one year from the date of the incidence, and the filing should be done in a prescribed format that should also include the amount sought for compensation.

Reporting boat accidents in Louisiana

Many Louisiana residents have witnessed boat accidents. Some, however, may not be aware of the appropriate responses in such situations. Any vehicle operator involved in a boat accident or collision should stop the vessel immediately at the accident scene and provide all possible help to the victims. The operator may also try to minimize any damage caused by the accident.

However, while taking these steps, the person should also be careful that no additional damage is inflicted on the accident victims of any boats involved. The operator should provide details, such as names, addresses and vehicle identification numbers.

Daughters sue Louisiana hospital where their father passed away

Medical malpractice refers to acts of negligence and a deviation from the accepted standards of medical practice on the part of medical professionals. Recently in Louisiana, the daughters of a man who passed away filed a medical malpractice lawsuit against the hospital where their father was a patient.

The 85-year-old man was admitted to the Ochsner Clinic Foundation after complaining of chest congestion. The patient was already suffering from pneumonia and a high fever, and was also diagnosed with a heart ailment. Parkinson's disease and hypertension were also diagnosed and there was an infection on his toe. The man's daughters claim that after their father was admitted to the hospital, his condition worsened. He had trouble breathing, his kidneys were not functioning properly and there was fluid buildup in the man's lungs.

Claiming insurance benefits after a spinal cord injury-Part II

Sustaining and living with a spinal cord injury can be very difficult. Understandably, the victim bears the physical and emotional burden of the injury, but the issues are compounded by the huge expenses that a victim and his or her family will need for treatment and rehabilitation. Obtaining benefits from the insurance carrier of any responsible parties will help, because treatment and rehabilitation for a spinal cord injury is often expensive.

While filing an insurance claim may look simple on paper, when interacting with insurance companies and their representatives, the victims and the victim's family often realize that the claims process may not be so simple. However, if the accident victim and the victim's family have a systematic approach, they may be able to deal with insurance company and representative effectively. An earlier blog post discussed the basic steps that spinal cord injury victims and their families should take in order to ensure that a claim proceeds smoothly.

Offshore injuries bring about significant challenges

Many workers who work in the marine industry, shipping industries and other maritime jobs can suffer injuries during the course of their employment. That is true all over the United States, including in Louisiana. In some cases, the worker may even succumb to his or her injuries or even be lost at sea. The attorneys at the Townsley Law Firm have represented numerous clients, as well as relatives and dependents of such workers who have sustained injuries or died at sea while working.

Workers' compensation benefits do not strictly cover maritime workers for offshore injuries. Federal laws, however, do cover most types of offshore injuries, including maritime fatalities, which can happen on the job. General maritime law and more specific laws, in the form of the Jones Act, and The Longshore and Harbor Workers' Compensation Act were specifically created for longshore and harbor workers. There is also The Death on the High Seas Act that applies in the case of any offshore injury suffered by a maritime worker.

Claiming insurance benefits after a spinal cord injury-Part I

Residents of Louisiana's Calcasieu Parish would acknowledge that treatment and rehabilitation after a spinal cord injury often requires a considerable amount of money. For most patients and their families, the main source of funding is their medical insurance coverage. Sadly, obtaining this insurance is often a challenge because insurance companies tend to offer smaller payouts so that they are able to maximize their profits. As a result, the patient's difficulties are often increased instead of being resolved.

However, there are certain ways in which a spinal cord injury patient can resolve insurance-related issues effectively. First of all, the patient and the patient's family members should be aware of all of the benefits that are provided under the insurance policy. In addition to the covered expenses, it is also important to understand what is excluded from the policy. If the spinal cord injury is supposed to be covered by workers' compensation, it is important to understand all of the provisions of Louisiana's workers' compensation laws.