Courts have recognized the potential for a “conspiracy of silence,” whereby local doctors would refuse to find one another at fault in medical negligence cases, and the adverse effects this would have on patients. To offset this danger in Louisiana, the specialist’s duty is governed by a national standard of…
The plaintiff in a medical negligence case is not required to show that she would have obtained a perfect outcome in the absence of medical treatment that fell below the accepted standard of care. Rather, the plaintiff may recover on a showing that the physician’s unacceptable care denied the plaintiff…
The Louisiana Supreme Court rendered the per curiam decision of Acara v. Banks, 10-0741 (La.6/18/10). The plaintiff, Ms. Acara, filed a medical malpractice claim against Dr. Bradley Banks after Dr. Banks allegedly gave an opinion in an earlier personal injury suit filed by Ms. Acara as to her medical condition…
The Louisiana Supreme Court issued the following Per Curiam opinion in Williamson v. Hebert, 10-0071 (La. 4/5/10), regarding the interruption of prescription in a medical malpractice case based on the discovery rule: “In Campo v. Correa, 01-2707 (La. 6/21/02), 828 So. 2d 502, 511, we explained ‘a plaintiff’s mere apprehension…
The $350,000 non-economic cap on medical malpractice damages in Georgia was declared to be an unconstitutional violation of the right to jury trial by a unanimous Georgia Supreme Court on March 22, 2010. The Georgia Supreme Court ruled that the 2005 law “clearly nullifies the jury’s findings of fact regarding…
I am a Baton Rouge, Louisiana medical malpractice lawyer who recently underwent a minor overnight medical procedure that resulted in an unexpected and severe burn injury to my face. When I left the hospital, the extent of the burn injury was suspected to be minor and the cause was unknown.…
In an Illinois medical malpractice case involving a four year old girl who suffered brain damage at birth, LeBron v. Gottlieb Memorial Hospital, the Illinois Supreme Court held on February 4, 2010, that a 2005 medical malpractice cap on noneconcomic damages, such as pain and suffering, is unconstitutional. The cap…
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 /…
The Proctor & Gamble Company voluntarily recalled approximately 700,000 Vicks Dayquil Cold & Flu 24-Count Bonus Pack Liquicaps (UPC#: 3 23900 01087 1) sold nationwide in drug stores, grocery stores and other retail establishments between September 2008 and December 2009. The cold and flu medicine contains acetaminophen and is not…
Around 26,000 defective log splitters manufactured from November 2008 through October 2009 by MTD Products Inc. of Cleveland Ohio, have been voluntarily recalled by the manufacturer in cooperation with the United States Consumer Product Safety Commission. The reason for the recall is that the control handle of the log splitter…