In Landy v. Bellanger, 2002-1443 (La. 5/20/03), 851 So.2d 943, the Louisiana Supreme Court relied on the 1996 tort reform amendment to La. C.C. art. 2323 requiring apportionment of fault to all responsible persons regardless of the theory of liability, to abolish the jurisprudential “aggressor doctrine” which had precluded tort…
Establishing negligence under Louisiana law is accomplished via the following five prong duty / risk analysis: I. Was the conduct in question a substantial factor in bringing about the harm to the plaintiff, i.e., was it a cause in fact of the harm? -It is irrelevant in determining cause in…
Paul H. Dué visit superlawyers.com For the sixth straight year, Baton Rouge, Louisiana personal injury lawyer, Paul H. Dué of Dué Guidry Piedrahita Andrews Courrege L.C. has been rated by Louisiana Super Lawyers. “Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have…
B. Scott Andrews visit superlawyers.com Baton Rouge, Louisiana personal injury lawyer, B. Scott Andrews, of Dué Guidry Piedrahita Andrews Courrege L.C. has been recognized by Louisiana Super Lawyers 2012 in the practice area of Personal Injury-Plaintiff. “Super Lawyers is a rating service of outstanding lawyers from more than 70 practice…
In Guy v. Brown, 2011-0099 (La.App. 4 Cir. 7/6/11), 67 So.3d 704, the Louisiana Fourth Circuit Court of Appeal held that a wrongful death claim arising out of medical malpractice must be brought within the three year peremptive period set forth in La. R.S. 9:5628. Therefore, if the death occurs…
The Louisiana Supreme Court in McGlothlin v Christus St. Patrick’s Hospital, 2010-2775 (La. 7/1/11), struck a powerful blow to the conspiracy of silence machine that dominates Louisiana medical malpractice litigation by holding that the Louisiana Medical Malpractice Act does NOT mandate the admission of a medical review panel opinion when…
Louisiana Revised Statute 9:2794(D)(1)(a) requires that a physician who testifies as an expert witness in a medical malpractice case must be: “practicing medicine at the time such testimony is given or was practicing medicine at the time the claim arose.” The Louisiana Supreme Court in Johnson v. Morehouse General Hospital,…
The loss of a less-than-even chance of survival is a distinct injury compensable as general damages which cannot be calculated with mathematical certainty. The jury should make a subjective determination of the value of that loss, fixing the amount of money that would adequately compensate the survivor for that particular…
In Russo v. Dr. Stephen Kraus, 2010-2463 (La. 1/28/2011), the Louisiana Supreme Court granted a writ and reinstated the judgment of the District Court denying a Sibley v. Board of Supervisors of Louisiana State University, 477 So.2d 1094 (La. 1985), hearing, which is a hearing to determine the constitutionality of…
Even if the negligence of a doctor did not cause the patient’s death, because he was likely to have died anyway, damages can still be awarded if the doctor’s negligence caused the patient to lose a less-than-even chance of survival. A loss of a chance of survival in any degree…