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Lake Charles Personal Injury & Wrongful Death Law Blog

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.

Cause of most fatal boating accidents in Louisiana is alcohol use

Penalties for drunk driving a boat are similar to those involving a car or truck. According to the Louisiana Department of Wildlife and Fisheries Law Enforcement Division, every weekend many boaters are found to be under the influence of drugs or alcohol. Officials arrest these intoxicated boaters to try to prevent offshore injuries.

A sergeant with LDWF stated that boating while drunk puts the life of the boat operator and all who come in contact with him or her at risk for injury. The officer stated that intoxication slows down a person's motor skills, balance and judgment. Alcohol is reported to be the leading contributing factor in recreational boating accidents. If this is the case, fatal boating accidents can be easily prevented.

Car strikes Louisiana fishing group, kills two children

Many residents of Louisiana enjoy activities related to water. While some like adventure sports like jetskiing or waterskiing, others prefer fishing. Due to its relaxing nature, relative safety, and the thrill of the catch, many parents encourage their children to fish. To ensure safety of children, parents prefer they are accompanied by an adult. But even when every precaution is taken, sometimes tragedies still occur.

The town of Prairieville is in mourning after two children were killed and three other people injured during a fishing trip when a car left the road and rolled down an embankment, striking the fishing group. The father required surgery on his leg, but is expected to recover. He and his friend, also involved in the accident, remain in the hospital.

Louisiana hospital allegedly gave wrong medication to patient

A person admitted to a Louisiana hospital in 2012 for treatment of encephalitis related to the West Nile virus has filed a medical malpractice lawsuit against the hospital. According to the patient, shortly after he was admitted to the hospital, doctors administered antibiotics, intubated and sedated him. At the time, the staff assured the patient that he would be removed from the ventilator and extubated gradually.

During the treatment, the patient was administered insulin, along with another medication that increases blood flow to the lungs. However, during a CT scan, a nurse observed that the patient was not receiving the medication meant to increase the blood flow to the lungs and instead had been given a medication that had not been prescribed to him. Instead, he was receiving an anti-seizure relaxant.