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Medical malpractice: asking for compensation in Louisiana

As medical technologies have rapidly improved over the decades around the world, especially in Louisiana and throughout the United States, people have become more dependent on higher levels of care that can improve their quality of life. With widespread use of the health-care industry, medical malpractice has also increased throughout the country, including in Louisiana. Given that the price for medical malpractice is high for victims and their families, the Louisiana state legislature has made medical care one area with clear guidelines on what constitutes malpractice and what compensation is possible for anyone who becomes a victim of malpractice.

Malpractice is thus defined as any violation of the terms of a contract or any unintended harm done to a party receiving professional healthcare services. Every physician and healthcare professional has a duty to care for his or her patients. A physician must meet the standard of care at all times. When he or she does not, even if unintentionally, and a patient receiving the healthcare services is injured, medical malpractice has occurred. To qualify as medical malpractice, the health professional's breach of the duty of care must be the direct cause of the injury or harm suffered by the patient.

Spinal cord injury patient partially recovers in Louisiana

Spinal cord injuries in Louisiana are not uncommon. In a recent case of treatment of spinal injury, a man of foreign origin, who was paralyzed from chest down for the past four years, has regained partial function of the paralyzed parts following a surgery. The man was attacked and stabbed in the back 4 years ago. The paralysis resulted from the injury and the wounds, leaving him with a gap of eight millimeters in his spinal cord.

Spinal cord injury doctors state that it is difficult to grow back severed spinal nerves, especially when tissue on either side of the wound forms scars. However, the doctor treating the man found a way to use olfactory ensheathing cells, a type of nasal cells, to help nerves grow back.

How can a person file a medical malpractice claim in Louisiana?

Medical malpractice claims in Louisiana must be filed following a specific procedure. When a request for review of a medical malpractice claim is filed, it needs to be stamped and certified by the state's Division of Administration. The date of filing is generally accepted as the date of receipt of the request or the date of mailing, in the event that it is sent by registered or certified mail.

When the request is filed and received, the Division of Administration sends a copy of the request to the Patient's Compensation Fund. Although there is no specific form available, there are a few things that a medical malpractice complaint must contain.

Louisiana police and LSU develop tool for reporting car crashes

Louisiana witnesses its fair share of car accidents every year. With a growing number of vehicles on the street, the probability of an auto accident also increases. As such, law enforcement agencies and personnel are always on the lookout to develop better methods of traffic control along with enhanced safety measures to reduce car accidents.

Among recent innovations developed to aid the Louisiana police force, the LACRASH software system developed by the Louisiana State University's Highway Safety Research Group is worthy of note. This new system enables officers to bypass the crash report paper form by reproducing an electronic version which they can fill in from a laptop stored in their patrol car or from a desktop at their office.

Unwarranted spinal cord injuries need special care

Louisiana residents know that a healthy spinal cord is vital to a functioning human body. A spinal cord injury can render a person permanently or temporarily disabled. Some of the circumstances that lead to spinal cord injuries are vehicular accidents, workplace injuries and some types of recreational activities. These injuries can have life-altering effects on an individual and therefore, it is necessary that victims of spinal cord injuries seek the best possible medical care to recover from these injuries and resume a normal life as soon as possible.

Personal injury law only addresses spinal cord injuries sustained due to an accident caused by another person or entity. It does not consider disability from congenital disease. The Townsley Law Firm has a plethora of experts who can help a victim, or his or her family, file a spinal cord injury lawsuit. Vigilant and diligent research backed by expert lawyering has provided the firm with a solid reputation for being able to deliver due justice to spinal cord victims.

Two women killed in three-vehicle crash on Louisiana highway

A traumatic fatal car accident in Lake Charles, Louisiana, or anywhere, can be horrific for families who suffer the loss of a loved one. Car accidents claim hundreds of lives and injure many people every year. Therefore, authorities responsible for regulating traffic rules try their best to keep roads accident-free. However, despite these best efforts, a bit of inattention by a negligent driver can lead to the loss of precious lives.

A recent fatal accident on a Louisiana highway claimed the lives of two women, aged 67 and 68 years, and injured two others after a driver, who was driving behind the two women's vehicle, failed to stop his car and eventually hit the women's car. Police said that a person driving a pick-up truck failed to apply brakes after noticing the sedan ahead was slowing down in order to make a left turn. The truck collided with the rear of the car, which then crossed the centerline and collided with a third car, another pickup truck traveling in the opposite direction.

Understanding medical malpractice per U.S. laws

Medical malpractice or medical negligence is referred to any injury caused to a patient due to an act or omission by a medical practitioner who digresses from the standard of care. Thus, a victim or his family may choose to sue the hospital, nursing home or the medical practitioner for damages.

Medical malpractice by definition relies on the tort law principle of negligence. Thus, the burden of proof to prove medical negligence lies on the plaintiff or alleged victim of medical negligence. Under Louisiana law, three elements need to be proved in order to prove medical malpractice.

Louisiana residents should be aware of the Jones Act

Maritime law has been one of the most important pillars of Louisiana trade for centuries. Many regulations are placed on the fleet to make trade and commerce as smooth as possible. While the United States' ships and vessels that travel outside of the territorial waters bearing the American flag have their own set of maritime laws, internal trade and commerce are also subjected to such laws.

Cabotage laws are the set of maritime laws that apply to all vessels that travel along the coastal routes. It may also refer to the laws applicable to the ships traveling inside the territory of the United States from one port to another. The most important and widely applicable cabotage law in the U.S. is The Jones Act. The Jones Act essentially refers to Section 27 under the Merchant Marine Act. Under this law, only American vessels that bear an American flag and are also owned by a U.S. citizen carrying mariners, who are U.S. citizens that can conduct trade and commerce via the sea route in the coastal area within the jurisdiction of the United States of America.

Comparative negligence helps determine fault for a car accident

Car accidents are a common occurrence on Louisiana roads. A significant number of residents are injured every year as a result of car accidents. However, sometimes it may be a difficult task to figure out which party is legally at fault for the accident's occurrence. Therefore, an analysis of comparative negligence may be necessary to establish which party contributed significantly to the events which lead to the accident.

The theory of comparative negligence provides that the responsibility of compensating for damages can be assigned and calculated by establishing to what extent each party involved in a particular motor vehicle accident contributed to the incident. For example, one party may have contributed 70 percent to the accident's cause due to negligent behavior. This theory would then allow the party to possibly recover 30 percent of the total value of damages established by the jury. However, this theory may only hold true for those states which apply the "pure" aspects of theory of fault allocation.

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.