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Lake Charles Personal Injury & Wrongful Death Law Blog

What benefits are available for offshore injuries in Louisiana?

The law relating to injuries sustained by Lake Charles, Louisiana, dock workers or those working offshore in the vast water boundaries of Louisiana is fairly just. It provides for compensation to workers who have suffered serious offshore injuries, to those who have suffered disabilities resulting from such serious injuries and also to the families of those killed by these accidents.

The law also provides for compensation from the day the disability occurred if the injury resulting from a workplace accident culminates into a disability spanning more than 14 days. If the disability is less than 14 days, then workers compensation does not provide payment for the disability for the first three days.

The basics of a medical malpractice claim

Medical malpractice can be defined as a form of professional negligence committed by a Louisiana healthcare professional that may result in the injury or death of an individual in his or her care. A recent statistical study found that every year as many as 400,000 patients die unnecessarily in hospitals alone. Given such an alarming figure, it may be necessary to have a better understanding of what might constitute medical malpractice.

Professional negligence by a healthcare professional may lead to birth injuries. In such cases, improper care may lead to brain injury, palsy or even neonatal death. Survivors may be left severely debilitated and permanently disabled due to birth injuries. Future employment and quality of life may also be affected by such injuries.

Louisiana man struck and killed by dump truck

Reports of motor vehicle accidents are not uncommon in the news. Every year, thousands of fatalities and injuries can be directly attributed to auto accidents. Although Louisiana law enforcement authorities and highway patrol members make attempts to deploy road safety measures and reduce the number of such incidents, tragic incidents may still occur. A case of wrongful death was recently in the news and is an example of an automobile related fatality.

Last week in the afternoon, Lafayette Police responded to an auto accident report. Investigators, looking into the incident, said that the accident occurred when a dump truck struck a pedestrian while it was backing up onto a lot. The victim was walking behind the truck when he was struck down by the vehicle.

What are the criteria for the Spinal Cord Injury Trust Fund?

A spinal cord injury may result from an impact on the spine by an external physical force, which can then affect the nervous system. Such impacts can leave a patient a paraplegic or a quadriplegic. A head injury resulting from a similar impact can also cause an altered or diminished state of consciousness resulting in a cognitive impairment or reduced physical functioning.

This kind of impairment may be permanent or temporary in nature and cause complete or partial functional disability, with or without psychological maladjustment. In Louisiana, there is a program for patients suffering from such head or spinal cord injuries. It is called the Trust Fund Program and it can help patients pay their medical bills. The program is sponsored by the Louisiana Department of Health & Hospitals.

How punitive damages are awarded in auto accident cases

Car accidents in Louisiana claim hundreds of lives and leave many people injured every year. Even though various highway and byway safety measures are out there, auto accidents keep occurring. The law provides several remedies for auto accident victims, with additional remedies to victims when the defendant is under the influence of alcohol. There are a number of examples that highlight how being intoxicated makes it even more likely that a plaintiff will win additional damages.

Article 2315.4 of the Louisiana Civil Code makes provisions for additional damages when the defendant in a car accident is intoxicated. The Article provides for special damages in addition to general damages when it is proved that the injuries suffered by the plaintiff are a direct consequence of a defendant's intoxicated state and a wanton disregard for the safety and rights of others.

The repeal of Louisiana's Article 1732(6)

There are several laws across the United States that govern the seas. In Louisiana, the Code of Civil Procedure, Article 1732(6), allows plaintiffs in maritime cases, such as, for example, dockworker injuries, to determine if the matter is to be heard and decided by a jury or a judge. As is the case with defendants in other types of legal matters, maritime defendants do not have the option of asking for a trial by jury.

The underlying reason for this law was the fact that federal courts also allowed only the plaintiff to exercise such an option. In federal courts, however, the case would be heard by a judge appointed for life. In addition, federal judges must be approved by the U.S. Senate and all of his or her decisions are subject to review by a U.S. Circuit Court of Appeals.

Louisiana woman sues over denied medical care

With the advancement of medical science, over time, people have grown increasingly dependent on medical care. Subsequently, cases of medical malpractice are also increasing in Louisiana and elsewhere in the United States.

In a recent case, a patient brought a lawsuit against the OB/GYN team and nurses at a medical institution alleging medical malpractice. The plaintiff has also filed a suit against several other defendants, including insurance companies, in a Parish Civil District Court.

Jones Act basis for employee's negligence claim

Cases of negligence on the part of an employer are common in Louisiana, and if employer negligence is proven, Louisiana courts frequently grant compensation to the wronged, injured parties.

In a recent case of alleged negligence, an employee has brought suit against a marine transportation company for serious injuries he received while on the job. He was injured while working on a ship belonging to the company.

Louisiana cyclist sues doctors for medical malpractice

Spinal cord injury cases can leave a victim with permanent disability, paralysis or worse. In Louisiana, such cases are rare, but are usually addressed with a sense of priority by medical practitioners given the gravity of such an injury.

In a recent case, an accident victim sustained a severe spinal cord injury at his own hands, after spending several hours in a ditch, into which he had fallen while riding his bicycle home in an alleged drunken state. The man, who stated that he had consumed a few alcoholic drinks at a local pub before climbing onto his bicycle, was found by a neighbor and taken to a nearby hospital where he received treatment, according to reports.

Louisiana woman claims compensation for medical malpractice

A lawsuit was filed by a patient against the State of Louisiana and the Louisiana State University's medical center for a recent case of alleged medical malpractice. The patient filing the lawsuit suffered a stroke, while having a surgical procedure and is claiming that the staff of the medical center was negligent in providing her adequate and pertinent care. The lawsuit was filed via the Louisiana State University Board of Supervisors at the civil district court.

The patient has claimed that the team of surgeons performing the operation was negligent in taking proper action and measures during the surgery. She has also claimed that the plan made by the medical team prior to the surgery was inadequate. The patient who is the plaintiff contended that the stroke could have been avoided, had medical following standard guidelines been applied to her symptoms, according to the lawsuit.