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Louisiana Medical Malpractice: When the Mailbox Rule Doesn’t Deliver

Filing a medical malpractice claim in Louisiana involves navigating a complex process, including meeting strict deadlines. One crucial step is timely paying the filing fee to the Patient’s Compensation Fund Oversight Board (PCF Board). But does the “mailbox rule” apply to these payments? A recent Louisiana Court of Appeal case, In re: Medical Malpractice Review

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Slipping Through the Cracks: The Importance of Timely Legal Action

statute of limitations. Micken appealed, arguing that the substitution of defendants should relate back to the original filing date, making her lawsuit timely. The Court of Appeal, however, upheld the trial court’s decision, emphasizing the importance of naming the correct parties within the prescribed time frame. Key Takeaways: This case serves as a stark reminder

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Granddaughters and Medical Malpractice in Louisiana: Who Can Initiate the Claim?

In the recent Louisiana Court of Appeal, Third Circuit, decision of Guffey v. Lexington House, the court delved into the complexities of prescription (the Louisiana equivalent of a statute of limitations) in medical malpractice cases. This ruling provides valuable insights into the interplay between the Louisiana Medical Malpractice Act (LMMA) and the state’s Civil Code,

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Jeffrey Berniard

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

Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.

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