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Medical Malpractice

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Medical Malpractice Claims Against Public Sector Health Providers Must Be Submitted to a Medical Review Panel

Medical Malpractice Claims Against Public Sector Health Providers Must Be Submitted to a Medical Review Panel The State of Louisiana Division of Administration, headquartered in Baton Rouge, requires that that medical malpractice claims against public sector health care providers must be processed through its administrative procedure, starting with the submission of the claim to the

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March 15, 2011 No Comments

Medical Malpractice Suit for Wrongful Death Action of Unborn Child  

Medical malpractice can be a serious issue that involves very unfortunate circumstances and strong feelings. One such case, analyzed below, examines the parameters of such a matter and how they are handled. Because of the sensitive nature of this case, names will not be used and, instead, the individuals involved will be referred to as

Read More »
March 13, 2011 No Comments

Duty of Care Doctors Owe their Patients and Medical Malpractice

The level of care required of medical practitioners is very high. This is because people put their trust, and sometimes their lives and well being in the hands of a doctor or surgeon. The level of care is high because we must attain the very best from the people who perform the most delicate and

Read More »
March 4, 2011 No Comments

Court Discusses Prescriptive Period in Medical Malpractice Case

Regular readers of this blog are no doubt aware that the Louisiana Medical Malpractice Act requires that all “claims against healthcare providers be reviewed or ‘filtered’ through a medical review panel before proceeding to any other court.” Also, medical malpractice suits are subject to a period of prescription — that is, the action must be

Read More »
February 27, 2011 No Comments

Court Dissects Nursing Home Wrongful Death Case

Many families in America have had to move their loved ones into a nursing home. Whether the reason is that they don’t have the room to care for the elder, they don’t have the time or money to provide adequate care, or their elder wishes to be in the nursing home, the decision to send

Read More »
February 26, 2011 No Comments

Disastrous Results for Plaintiffs that Wait Too Long to File Suit

In Louisiana, there are certain steps that need to be taken in order to file a case for medical malpractice. In order to get a case to trial, a plaintiff must first submit a malpractice petition to a medical review board. The board reviews the facts surrounding a case and compares health care providers with

Read More »
February 23, 2011 No Comments

Understanding Medical Malpractice and Legal Caps to Awards

The Court of Appeals of Louisiana, Third Circuit, recently held the Medical Malpractice Act’s (MMA) award limitation unconstitutional when applied in violation of the Equal Protection clause of the 1974 Louisiana State Constitution. In Oliver v. Magnolia Clinic, a minor child was treated by a nurse practitioner who failed to identify tell-tale signs of neuroblastoma,

Read More »
February 22, 2011 No Comments

Understanding Terms: Claims Based Insurance v. Occurrence Based Insurance

Insurance policy coverage can be very confusing regardless of how simple televisions commercials may claim it can be. Sometimes insurance companies limit their liability by setting a time period within which the policy applies. In other circumstances, insurance policies limit their liability by creating categories of actions that can be instituted against it. For example,

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February 21, 2011 No Comments

Transferable Rights and How They Pertain to a Lost Pregnancy

Certain legal rights are transferable. If you owe a debt to some entity, upon your death, there is a chance that the entity will have some rights to your estate in order to satisfy your debt. Another example of a transferable right is a right of survival. If the victim in any circumstance has this

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February 21, 2011 No Comments

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Attorney Jeff Berniard, Licensed Louisiana Attorney and Founder of Berniard Law Firm

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Archives

Medical Malpractice Claims Against Public Sector Health Providers Must Be Submitted to a Medical Review Panel

March 15, 2011 No Comments

Medical Malpractice Claims Against Public Sector Health Providers Must Be Submitted to a Medical Review Panel The State of Louisiana Division of Administration, headquartered in Baton Rouge, requires that that medical malpractice claims against public sector health care providers must be processed through its administrative procedure, starting with the submission of the claim to the

Read More »

Medical Malpractice Suit for Wrongful Death Action of Unborn Child  

March 13, 2011 No Comments

Medical malpractice can be a serious issue that involves very unfortunate circumstances and strong feelings. One such case, analyzed below, examines the parameters of such a matter and how they are handled. Because of the sensitive nature of this case, names will not be used and, instead, the individuals involved will be referred to as

Read More »

Duty of Care Doctors Owe their Patients and Medical Malpractice

March 4, 2011 No Comments

The level of care required of medical practitioners is very high. This is because people put their trust, and sometimes their lives and well being in the hands of a doctor or surgeon. The level of care is high because we must attain the very best from the people who perform the most delicate and

Read More »

Court Discusses Prescriptive Period in Medical Malpractice Case

February 27, 2011 No Comments

Regular readers of this blog are no doubt aware that the Louisiana Medical Malpractice Act requires that all “claims against healthcare providers be reviewed or ‘filtered’ through a medical review panel before proceeding to any other court.” Also, medical malpractice suits are subject to a period of prescription — that is, the action must be

Read More »

Court Dissects Nursing Home Wrongful Death Case

February 26, 2011 No Comments

Many families in America have had to move their loved ones into a nursing home. Whether the reason is that they don’t have the room to care for the elder, they don’t have the time or money to provide adequate care, or their elder wishes to be in the nursing home, the decision to send

Read More »

Disastrous Results for Plaintiffs that Wait Too Long to File Suit

February 23, 2011 No Comments

In Louisiana, there are certain steps that need to be taken in order to file a case for medical malpractice. In order to get a case to trial, a plaintiff must first submit a malpractice petition to a medical review board. The board reviews the facts surrounding a case and compares health care providers with

Read More »

Understanding Medical Malpractice and Legal Caps to Awards

February 22, 2011 No Comments

The Court of Appeals of Louisiana, Third Circuit, recently held the Medical Malpractice Act’s (MMA) award limitation unconstitutional when applied in violation of the Equal Protection clause of the 1974 Louisiana State Constitution. In Oliver v. Magnolia Clinic, a minor child was treated by a nurse practitioner who failed to identify tell-tale signs of neuroblastoma,

Read More »

Understanding Terms: Claims Based Insurance v. Occurrence Based Insurance

February 21, 2011 No Comments

Insurance policy coverage can be very confusing regardless of how simple televisions commercials may claim it can be. Sometimes insurance companies limit their liability by setting a time period within which the policy applies. In other circumstances, insurance policies limit their liability by creating categories of actions that can be instituted against it. For example,

Read More »

Transferable Rights and How They Pertain to a Lost Pregnancy

February 21, 2011 No Comments

Certain legal rights are transferable. If you owe a debt to some entity, upon your death, there is a chance that the entity will have some rights to your estate in order to satisfy your debt. Another example of a transferable right is a right of survival. If the victim in any circumstance has this

Read More »

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