Articles Posted in Medical Malpractice

For the second straight year, Louisiana Super Lawyers has selected 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 2014 Louisiana Super Lawyers list in the practice area of Personal Injury is clear – more than 27 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.

For the fourth consecutive year, the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C. has been recognized in the “Best Law Firms” rankings by U.S. News & World Report and Best Lawyers. The firm was recognized for 2014 in the plaintiff practice areas of Personal Injury Litigation, Product Liability Litigation, Medical Malpractice, and Admiralty & Maritime Law.

Firms included in the 2014 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

“U.S. News has more than two decades of experience in providing the public with the most accurate and in-depth rankings of a wide range of institutions, including our Best Law Schools rankings,” says Tim Smart, Executive Editor of U.S. News & World Report. “Law firms are an integral part of our rankings and a natural accompaniment to the law school rankings.”

The 2014 rankings are based on the highest number of participating firms and highest number of client ballots on record. To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America©, which recognizes the top 4 percent of practicing attorneys in the US. Over 12,000 attorneys provided over 330,000 law firm assessments, and almost 7,000 clients provided close to 20,000 evaluations. In addition, to provide personal insight, a new Law Firm Leaders Survey was implemented in the decision-making process.

“Because we combine hard data with peer reviews and client assessments,” says Steven Naifeh, President and Co-Founder of Best Lawyers, “more and more clients inform us ours are the most thorough, accurate, and helpful rankings of law firms ever developed.”

Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity.
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Louisiana Trial Lawyer, B. Scott Andrews, of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C., has been selected for membership in The National Trial Lawyers Top 100 Trial Lawyers. Scott Andrews is already a 2012-2013 member of The National Trial Lawyers Top 40 Under 40.

The National Trial Lawyers is a member-driven organization composed of premier trial lawyers from across the country who meet stringent qualifications as civil plaintiff trial lawyers. Through educational and networking opportunities, the organization strives to help its members build law practices which encompass superior knowledge, skill, experience and success.

Only top trial lawyers from Louisiana who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. Prospective members of The National Trial Lawyers are carefully screened prior to receiving an invitation for membership. Membership is not automatically renewed; attorneys are reevaluated annually to determine whether their activities and accomplishments qualify them for continued membership.
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Every member (Paul H. DuéKirk 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. has been named to the 2013 Super Lawyers list for Louisiana. The reason is clear – more than 25 years handling referrals of complex and difficult personal injury cases from lawyers around the world. This 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 former Louisiana Supreme Court and U.S. Fifth Circuit law clerks, Adjunct Professors of Law, past Presidents of the Louisiana Association for Justice, and both a former Louisiana appellate judge and an esteemed University of Texas Law Professor “of counsel”.

This background, combined with hard work and extensive experience, has led to hundreds of millions of dollars in settlements and verdicts. This success has been shared with the many attorneys who refer cases to the firm – who find the firm’s experience and funding assistance invaluable in representing their clients.

The members of 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.
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Baton Rouge, Louisiana personal injury trial lawyer, Paul H. Dué, has been selected by his peers to be included in The Best Lawyers in America, 19th edition for his work in the practice areas of Admiralty & Maritime Law, Personal Injury Litigation, and Product Liability Litigation. Listing in the 2013 edition marks fifteen years since Paul H. Dué was first listed in Best Lawyers. Through this distinction Paul H. Dué has proven to be a consistent and dedicated member of the law community.

Selection for Best Lawyers is based on an exhaustive and rigorous peer-review survey comprised of more than 4 million confidential evaluations by the top attorneys in the country. Our annual Best Lawyers publication has been described by The American Lawyer as “the most respected referral list of attorneys in practice.” Because no fee or purchase is required, being listed in Best Lawyers is considered a singular honor.

Best Lawyers in America is one of the most visible and targeted peer review publications in the legal profession.

We lawyers are paid to talk, and talk we do. We talk too much. We never learn anything by talking, but we are driven to it.

I saw this at a closing I attended with my wife. The closing attorney talked the whole time, interrupted my wife and everyone else in the room, and insisted on his voice being the only one heard. It made my wife mad, and she felt that he refused to answer her questions. As a lawyer, I knew he was trying to explain the process; still, his inability to listen and understand the concerns of everyone in the room irritated me, too. He knew what he was doing and was trying to educate us, but because he didn’t listen (or at least appear to) better, he did poorly.

The hardest skill to learn is listening. When I went to the FBI course on Crisis/Hostage Negotiations, they taught me not just what to say, but what to hear. Jury selection in a trial is not just asking the right questions, but actually listening to and expanding upon the answers you get. Good lawyering requires good listening at all levels, and it is the hardest thing for us lawyers to remember, frequently because we are so unused to doing it!

Writing this column today helped me to remember that. Every lawyer (including me) has done exactly what this competent real estate attorney did. I am even embarassed to recall all the talking I did today without actively listening to what others said. I guess the lesson of this week’s blog is actively listening to everyone in all we do (lawyering or not) will make us do a better job, or at least be perceived as such. After all, isn’t how people perceive you almost as important as how you really are?

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Congratulations to Baton Rouge, Louisiana trial lawyer, Scott Andrews, of the law firm of Dué Guidry Piedrahita Andrews Courrege L.C., for being recognized as one of America’s top young trial lawyers. Scott Andrews has been invited to join the invitation only professional organization, The National Trial Lawyers: Top 40 under 40. No more than 40 attorneys per state are asked to join and invitations are extended exclusively to those individuals who meet stringent qualifications, who demonstrate superior leadership skills, and who exert passion and personal conviction as a young trial attorney.

As of August 1, 2012, the Louisiana Supreme Court is accepting electronic or e-filing of documents from Louisiana attorneys in good standing. Attorneys interested in this voluntary program must first participate in a 30-minute online training session provided on the Louisiana Supreme Court website in order to obtain a password to begin filing documents. In addition to the regular filing fees accessed by the Court, the cost for e-filing is $100 for writ applications and $50 for other court documents such as oppositions, replies, and amicus curiae briefs. More information can be obtained by contacting the Louisiana Supreme Court Clerk of Court Office at 504.310.2300.

The Baton Rouge, Louisiana personal injury lawyers at Dué Guidry Piedrahita Andrews Courrege L.C. salute the Louisiana State Police Insurance Fraud Unit for cracking down on insurance fraud. Insurance fraud investigators made three arrests in July 2012 arising out of the submission of fraudulent insurance claims. The first involved a couple who allegedly set fire to their vehicle and then submitted a theft claim to State Farm; the second involved a fraudulent lost wage claim; and the the third involved the submission of false income information to obtain food stamps.

Anyone wishing to report criminal or suspicious activity to the Louisiana State Police Bureau of Investigations is urged to contact Louisiana State Police detectives at 225-925-3682.

People who are seriously injured in accidents by the fault of another person deserve fair and just compensation for their injuries. People who submit false insurance claims deserve “three hots and a cot”.
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In Louisiana medical malpractice actions the jury shall be instructed that the plaintiff has the burden of proving, by a preponderance of the evidence (more probable than not), the negligence of the physician, dentist, optometrist, or chiropractic physician.

The jury shall be further instructed that injury alone does not raise a presumption of the physician’s, dentist’s, optometrist’s, or chiropractic physician’s negligence.

These instructions are not to be given if the doctrine of res ipsa loquitur is found by the court to be applicable. La.R.S. 9:2794(C).