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Articles Posted in Negligence Claims

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Patient’s Early Post-Operative Dismissal Causes Medical Expert Dilemma

Medical malpractice claims are not always limited to instances during treatment or surgery and may, as one young patient argued, include failures that occur afterward or post-operatively.  Justin Thomas, an eighteen-year-old, aspiring armed serviceman, underwent a right shoulder arthroscopy at Lafayette Surgicare to repair his repeated rotator cuff dislocations. The…

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What amount of force is allowed when restraining an inmate?

The burden of proof lies heavily on claimants to establish the elements of the claim they bring forward. Failing to do so can result in the dismissal of the charge. In the case of George Preston, a prisoner in a Louisiana jail, his complaint against Lieutenant Hicks and four state…

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Louisiana Inmate Failed to Establish Deliberate Indifference to Serious Medical Needs

When a prison official fails to provide necessary medical care to an inmate, legal action may be pursued against the individual. However, claiming deliberate indifference to an inmate’s serious medical needs requires meeting specific criteria. As exemplified by the case below, these factors are crucial in preventing individuals from bringing…

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Injured Dump Truck Driver Deemed 50% At Fault For Collision On Job Site

Workplace accidents can strike unexpectedly, leaving individuals injured and grappling with the complex question of who bears responsibility. However, when such accidents involve heavy machinery and contractual relationships, determining fault can become even more challenging. In the case of Clark Nixon, a dump truck driver at Terrebonne Levee & Conservation…

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Dealing with Flood Damaged Property? Be Prepared to Show Causation

The story of an underdog seeking justice against a powerful corporation is a familiar legal narrative. And while we may be inclined to root for the little guy, that does not relieve him from proving he has a valid case. In Louisiana, a plaintiff will not see his case go…

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Understanding Open and Obvious Defects: Implications for Personal Injury Claims

When it comes to personal injury claims resulting from slips, trips, or falls, the concept of open and obvious defects plays a significant role. Failing to act reasonably or being harmed by an apparent defect may hinder your ability to recover compensation for your injuries. This case exemplifies the importance…

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Supermarket Not Liable For Slip-and-Fall Because Of Lack Of Constructive Notice

When you make a quick run to the store, the last thing you expect is to be injured while shopping. If you slip and fall at a store, you might expect the store to be responsible for any injuries you might have suffered. However, Louisiana law requires that a store…

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No Legal Malpractice Where Underlying Medical Malpractice Claim Was Meritless

When considering a legal malpractice claim, it is crucial to understand that proving your attorneys’ negligence alone is insufficient. To establish the merit of such a claim, you must demonstrate an underlying loss resulting from their negligence. This requires presenting compelling evidence that your original claim would have been successful…

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A Slippery Case: How a Lease Agreement Swayed a Personal Injury Lawsuit Against a Medical Facility

Imagine attending a routine medical appointment at your local doctor’s office. You enter the premises expecting a standard check-up, but unexpectedly, you trip over a defective threshold and fall onto a hard terrazzo floor. This unsettling scenario is precisely what Lois J. Tate encountered in their accident, sparking a personal…

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Pre-Trial Notice Did Not Waive Party’s Right to Jury Trial

If you are involved with a lawsuit, you probably imagine your day in court involving a jury listening to the evidence and rendering a decision. After all, the US Constitution protects our right to a trial by jury. But what happens if the court issues a notice scheduling your trial…

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