Unfortunately, medical malpractice happens all too often. Doctors misdiagnose conditions, prescribe wrong medications, and make surgical errors. Victims of this negligence can face serious injuries including permanent disability requiring long-term care. In the worst cases, the victim dies. While these harms are physically painful, they can also be emotionally trying, throwing a victim into a
If you have ever been selected to serve as a juror, you know that the jury’s job in a trial is to hear the facts and arguments presented by both parties to a case and to make an informed judgment based on the evidence. In criminal cases, the jury is asked to assess the state
The word prescription normally conjures up images of medicine and the slips of paper sometimes given to patients as they leave the doctor’s office. One thing people may be unaware of is that prescription carries an additional legal meaning in the state of Louisiana. In the legal field, prescription refers to the amount time within
On February 21, 2009, Shreveport Fire Department Chief Tommy Adams fell from the top of a ladder while preparing a fire truck for service for the Gemini Mardi Gras parade. As a result, Tommy Adams sustained severe trauma to his spinal column and died ten months after the date of the incident. Chief Adams’ wife,
Put simply, summary judgment is a decision rendered by a court for one party and against another without the litigation of a full trial. According to the Louisiana Supreme Court, summary judgment is appropriate when all relevant facts are brought before the court, the relevant facts are undisputed, and the sole remaining issue relates to
In May 2004, an employee (Dauzat) of the City of Marksville backed an emergency fire department vehicle into another car containing Daisy Marcile and multiple passengers. Ms. Marcile and her passengers were injured and filed suit against the City of Marksville for damages. Per La. R.S. 13:5105, a political subdivision of Louisiana cannot be tried
On July 12, 2006, Raymond Alex, Sr., a structure carpenter for the BNSF Railway was driving a company boom to a work site in Mermentau. Around 3 p.m., Mr. Alex stopped at an intersection, was rear-ended by a large tractor-trailer rig driven by Edward Zenon, Jr. As a result of the accident, Mr. Alex alleged
On August 14, 2008, James Turner was admitted to Willis Knighton Medical Center, located in Shreveport, Louisiana, for a kidney transplant. James Turner passed away six days later on August 20, 2008. James Turner’s wife then brought a medical malpractice lawsuit against the medical center and several doctors, alleging their negligence caused the death of
Every first year law student learns about negligence in their tort law class. Negligence claims are some of the most common claims brought in civil court. In order for a defendant to be found liable for negligence, it must be shown that the defendant owed the plaintiff a duty of care, which can also be
The Jones Act deals with injuries suffered by employees working on American sea-going vessels and their rights to workers’ compensation for those injuries. The Act requires employers to “maintain a reasonably safe work environment.” Another important feature of the Jones Act is that not only is the employer liable for the negligence of their employees,
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.
Unfortunately, medical malpractice happens all too often. Doctors misdiagnose conditions, prescribe wrong medications, and make surgical errors. Victims of this negligence can face serious injuries including permanent disability requiring long-term care. In the worst cases, the victim dies. While these harms are physically painful, they can also be emotionally trying, throwing a victim into a
If you have ever been selected to serve as a juror, you know that the jury’s job in a trial is to hear the facts and arguments presented by both parties to a case and to make an informed judgment based on the evidence. In criminal cases, the jury is asked to assess the state
The word prescription normally conjures up images of medicine and the slips of paper sometimes given to patients as they leave the doctor’s office. One thing people may be unaware of is that prescription carries an additional legal meaning in the state of Louisiana. In the legal field, prescription refers to the amount time within
On February 21, 2009, Shreveport Fire Department Chief Tommy Adams fell from the top of a ladder while preparing a fire truck for service for the Gemini Mardi Gras parade. As a result, Tommy Adams sustained severe trauma to his spinal column and died ten months after the date of the incident. Chief Adams’ wife,
Put simply, summary judgment is a decision rendered by a court for one party and against another without the litigation of a full trial. According to the Louisiana Supreme Court, summary judgment is appropriate when all relevant facts are brought before the court, the relevant facts are undisputed, and the sole remaining issue relates to
In May 2004, an employee (Dauzat) of the City of Marksville backed an emergency fire department vehicle into another car containing Daisy Marcile and multiple passengers. Ms. Marcile and her passengers were injured and filed suit against the City of Marksville for damages. Per La. R.S. 13:5105, a political subdivision of Louisiana cannot be tried
On July 12, 2006, Raymond Alex, Sr., a structure carpenter for the BNSF Railway was driving a company boom to a work site in Mermentau. Around 3 p.m., Mr. Alex stopped at an intersection, was rear-ended by a large tractor-trailer rig driven by Edward Zenon, Jr. As a result of the accident, Mr. Alex alleged
On August 14, 2008, James Turner was admitted to Willis Knighton Medical Center, located in Shreveport, Louisiana, for a kidney transplant. James Turner passed away six days later on August 20, 2008. James Turner’s wife then brought a medical malpractice lawsuit against the medical center and several doctors, alleging their negligence caused the death of
Every first year law student learns about negligence in their tort law class. Negligence claims are some of the most common claims brought in civil court. In order for a defendant to be found liable for negligence, it must be shown that the defendant owed the plaintiff a duty of care, which can also be
The Jones Act deals with injuries suffered by employees working on American sea-going vessels and their rights to workers’ compensation for those injuries. The Act requires employers to “maintain a reasonably safe work environment.” Another important feature of the Jones Act is that not only is the employer liable for the negligence of their employees,