Articles Posted in Medical Malpractice

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Medical malpractice claims governed by the Louisiana Medical Malpractice Act originate with the filing of a request for review of the medical malpractice claim by a Medical Review Panel. The request for review must be filed with the Louisiana Division of Administration and shall contain, at a minimum, all of the following:

(i) A request for the formation of a medical review panel.

(ii) The name of only one patient for whom, or on whose behalf, the request for review is being filed; however, if the claim involves the care of a pregnant mother and her unborn child, then naming the mother as the patient shall be sufficient.

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Dué Guidry Piedrahita Andrews Courrege L.C. proudly announces it has been selected once again by its peers for inclusion in the U.S. News & World Report Best Lawyers – Best Law Firms rankings in the following practice areas:

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Super Lawyers 2016 selected every member (Kirk A. Guidry, Randy A. Piedrahita and B. Scott Andrews) of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews L.C. for inclusion in the 2016 Louisiana Super Lawyers list in the practice area of Personal Injury.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Dué Guidry Piedrahita Andrews L.C. and all firm members also enjoy the prestigious AV Rating from Martindale-Hubbell and have been recognized by Best Lawyers® and U.S. News – Best Law Firms®.

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Congratulations to our newly elected Governor – John Bel Edwards!!

As a faithful husband, dedicated father, unwavering public servant, proud veteran, humble man of religion, and small business owner, John Bel Edwards will be a Governor who will finally put Louisiana families and Louisiana workers first and get us back on the right track after eight years of failing policies.

The campaign released the following statement: “We won because of you. Thank you for voting to put Louisiana first. You believed in our campaign to bring honor and integrity back to the state of Louisiana. My campaign slogan has been ‘put Louisiana first’ from the start, and that is exactly what I plan to do for the next four years. To me, that has always meant bringing our people together, regardless of party, to celebrate the things that make our state strong and solve our greatest problems. I promise you tonight that I will always do what is best for all Louisianians — for our children, our veterans, our senior citizens. I believe Louisiana is worth fighting for. Thank you for giving me the opportunity to lead our state. Louisiana’s future doesn’t belong to a political party — it belongs to all of us. I will work every day to make you proud of your vote and of your state.”

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A 13 year-old child was killed on October 29, 2015 in a car crash in Monroe, Louisiana. The child was one of several passengers in a 2013 Toyota SUV being operated by Florence Nash of Monroe, Louisiana.

According to the preliminary investigation by Troop F of the Louisiana State Police, the Toyota SUV failed to stop at a stop sign at the intersection of US 165-B and Buckhorn Bend Road just south of Monroe, resulting in a crash with a 2003 Ford truck being operated by Becky Lee of West Monroe.

Nash and several passengers were taken to local hospitals for injuries. The 13 year-old died from her injuries while at the hospital.

The car crash is still under investigation.
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In a dispute characterized by the trial court as “ordinary people against nice doctors and [a] heartless soulless insurance company,” a successful doctor and his insurer appealed a judgment against the unsuccessful plaintiff that ONLY awarded them $3,539.75 for expert costs. The trial court was not persuaded by the “cold heartless” insurance company and the doctor to make the victim of the alleged medical malpractice pay them an additional $34,064.41 to compensate their out of state expert witness.

The dispute arose because an unsuccessful party in a lawsuit can be required to pay the costs (including expert witness fees, deposition costs and related expenses) of the successful party. See La. Civil Code article 1920 and La. Revised Statutes 13:3666 and 13:4533, which give the trial court great discretion in awarding costs as it may consider equitable.

Under the unique facts of the case, and recognizing the flexibility of the trial court in awarding costs, the Court of Appeal affirmed the trial court’s judgment because the defendants failed to introduce into evidence any documentation or testimony whatsoever to support the expert’s bills. William McDougald v. St. Francis North Hospital, 50-079 (La. App. 2 Cir. 10/14/15).
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Best Lawyers in America© 2016 lists every member of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C..
Paul H. Dué is recognized by his Best Lawyers® peers in the practice areas of Admiralty and Maritime Law, Appellate Practice, Personal Injury Litigation – Plaintiffs, and Product Liability Litigation – Plaintiffs.

Kirk A. Guidry is recognized by his Best Lawyers® peers in the practice area of Product Liability Litigation – Plaintiffs.

Randy A. Piedrahita is recognized by his Best Lawyers® peers in the practice area of Personal Injury Litigation-Plaintiffs.

B. Scott Andrews is recognized by his Best Lawyers® peers in the practice area of Personal Injury Litigation-Plaintiffs.

Best Lawyers® is the oldest and one of the most respected peer-review publications in the legal profession. This lists of lawyers are compiled by conducting exhaustive peer-review surveys in which tens of thousands of rated attorneys confidentially evaluate their professional peers.
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For the third consecutive year, Louisiana Super Lawyers recognizes every member (Paul H. Dué, Kirk A. Guidry, Randy A. Piedrahita and B. Scott Andrews) of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C..

The reason each member has been selected for inclusions in the 2015 Louisiana Super Lawyers list in the practice area of Personal Injury is clear – more than 28 years of handling referrals of complex and difficult personal injury cases from lawyers around the world. The firm’s success is rooted in academia, with all firm members having graduated at the top of their law school class and having served as members of or as editors of their Law Reviews. The firm boasts two former Louisiana Supreme Court law clerks, a former U.S. Fifth Circuit Court of Appeals law clerk, an Adjunct Professor of Law, two past Presidents of the Louisiana Association for Justice (LAJ), and both a former Louisiana appellate judge and an esteemed University of Texas Law Professor “of counsel”.

This academic background, combined with dedication, hard work and extensive experience, has led to hundreds of millions of dollars in judgments, settlements and verdicts. The firm’s success has been shared with the extensive number of attorneys around the world who have referred complex personal injury cases to the firm – and who find the firm’s experience and funding assistance invaluable in representing their seriously injured clients.

The Louisiana trial lawyers at Dué Guidry Piedrahita Andrews Courrege L.C. combine their academic backgrounds, practical trial experience and financial “staying power” to add up to success for clients and the lawyers trusting the firm with referrals.

The firm and all firm members enjoy the prestigious AV Rating from Martindale-Hubbell and firm members have been recognized by Best Lawyers, U.S. News – Best Law Firms, National Trial Lawyers Top 100 Lawyers and Multi-Million Dollar Advocates Forum.
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Since its inception, Best Lawyers® and U.S. News & World Report Best Law Firms® rankings have recognized the Baton Rouge, Louisiana law firm of Dué Guidry Piedrahita Andrews Courrege L.C.. For 2015, Best Law Firms recognizes Dué Guidry Piedrahita Andrews Courrege L.C. in the following four practice areas:

(1) Personal Injury Litigation – Plaintiffs

(2) Product Liability Litigation – Plaintiffs

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Dué Guidry Piedrahita Andrews Courrege L.C. attorney Paul H. Dué was recently selected by his peers as 2015 “Lawyer of the Year” for Personal Injury Litigation – Plaintiffs in the Baton Rouge, Louisiana area. Paul H. Dué received this same honor in 2009.

Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer-review assessments.

Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.

In addition to the 2015 Lawyer of the Year award, Paul H. Dué was also listed in the 2015 Best Lawyers in America in the following practice areas:

Admiralty and Maritime Law
Product Liability Litigation – Plaintiffs
Personal Injury Litigation- Plaintiffs

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Paul H. Dué has been recognized by Best Lawyers every year since 1995.

Paul H. Dué began his legal career after finishing first in his law school class at the LSU Paul M. Hebert Law Center in 1966. His Baton Rouge, Louisiana personal injury law firm, Dué Guidry Piedrahita Andrews Courrege L.C., focuses on trial and appeals of complex personal injury, brain injury, burn injury, and wrongful death litigation, including car wrecks, truck accidents, and motorcycle accidents.

Paul H. Dué, a past-president of LAJ, had previously been honored with the LAJ President’s Award and the LAJ Stalwart Award. Paul is a Life Member of the Million Dollar Advocates Forum and has been selected for inclusion in Louisiana Super Lawyers since its inception.
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