So much for the medical malpractice crisis in Louisiana. Louisiana doctors will receive a 10% dividend this year from Louisiana’s largest medical malpractice insurer bringing the total amount of insurance premiums returned by the malpractice insurer to health care providers since 2008 to $20,500,000. Thomas H. Grimstad, M.D., President /…
Articles Posted in Louisiana Personal Injury Law
LSU Law Center Professor Emeritus, Saul Litvinoff, Dies at the age of 84
Esteemed LSU Law Pofessor Emeritus, Saul Litvinoff, died the morning of January 5, 2010 at the age of 84. Professor Litvinoff, a former Boyd Professor, joined the LSU Law Center in 1965 and became director of the Center for Civil Law Studies in 1976. He retired in 2009. Professor Litvinoff…
Louisiana Defendant Cannot Seek Allocation of Fault Against Party Dismissed on Summary Judgment
The Louisiana First Circuit Court of Appeal, in an opinion not designated for publication, reaffirmed that once a party has been dismissed from the litigation by a summary judgment, that former party cannot be named on the verdict form and cannot have any percentage of fault attributed thereto.Quinn v. State…
The Genius of the Jury System
“The peculiar genius of the jury system is its reliance on the common sense and common experience of ordinary men and women to determine definitively much that cannot be known absolutely.” Miller v. National Fire & Marine Ins. Co., 578 F.2d 125 (5th.1978).
Dog Attacks and Kills Child
A Rottweiler dog attacked and killed a 20 month old boy in Florida while the boy was reaching for a cookie he had dropped on the ground. Baton Rouge, Louisiana injury attorney, Scott Andrews, says “animal attacks occur too often and are usually by dogs trained to be vicious by…
Exact Cost of Future Medical Expenses Does Not Have to be Proven
The Louisiana First Circuit Court of Appeal held that an award for future medical expenses can be supported by testimony that future medical expenses will be required, even in the absence of any evidence as to the specific cost of such future treatment. It is proper for the trial court…
Brain Damaged Football Player Reaches $7,500,000 Sports Injury Settlement
The family of a football player who suffered a brain injury in a football game one month after suffering a concussion settled their case against La Salle University for $7,500,000. The family claimed in their lawsuit that the earlier concussion made the football player more vulnerable to brain damage from…
Time Computation Amendments to the Federal Rules
Time-computation amendments to the Federal Rules of Civil Procedure, Criminal Procedure, and Appellate Procedure went into effect on December 1, 2009. These amendments implement a consistent method of calculating time periods throughout the federal rules, a method that counts every day, instead of excluding weekends and holidays for some periods…
Man Killed in Houma, Louisiana by Collapsed Crane
The 200 foot boom of a crane collapsed onto a fabrication shop at Elevated Boats, Inc. in Houma, Louisiana, killing one man and injuring another on November 17, 2009. The collapse occurred when the steel base of the crane ripped and detached while the crane operator was moving a 30…
Nursing Home Employees Accused of Hitting a Patient Arrested in Jackson, Louisiana
Two Villa Feliciana Medical Complex employees, accused of hitting a patient, were arrested on November 13, 2009, and booked into the East Feliciana Parish Jail. Hitting a patient is considered an intentional tort or battery by Louisiana law, and any claim for injuries and damages suffered by the struck patient…