standard of care

Medical Malpractice Claim Fails: No Expert Testimony to Support Allegations

Published on: December 11, 2024 | By Berniard Law Firm

medical_instruments_examination_424729-scaled The following case highlights the critical role of expert testimony in medical malpractice lawsuits and the difficulty of succeeding on such claims without it.

Case Background

Claire James sued Dr. Shahed Jameel, alleging that his negligent care caused the death of her mother, Laura James. However, a Medical Review Panel had previously reviewed the case and found no breach of the standard of care by Dr. Jameel. Despite this, Claire proceeded with her lawsuit. The trial court granted summary judgment in favor of Dr. Jameel, and Claire appealed.

Louisiana Court Reverses Summary Judgment in Medical Malpractice Case, Highlighting Importance of Fact-Finding in Proving Negligence

Published on: September 17, 2024 | By Berniard Law Firm

pexels-jonathanborba-3279197-1-scaled In a significant development for medical malpractice litigation in Louisiana, the Fourth Circuit Court of Appeal recently reversed a summary judgment, underscoring the importance of thorough fact-finding and the potential need for expert testimony in such cases. The case, Diana Deruise-Pierce v. University Healthcare System, L.C., et al., underscores the necessity of thorough fact-finding and the potential need for expert testimony in medical malpractice cases, even when negligence appears evident.

Case Overview:

The lawsuit stemmed from the treatment rendered to Mr. Pierce at University Medical Center in New Orleans. Mr. Pierce was admitted for a medical procedure, but his condition deteriorated overnight. Despite this, the medical team proceeded with the planned procedure.

Louisiana Court Reverses Summary Judgment in Medical Malpractice Case: The Importance of Expert Testimony

Published on: September 4, 2024 | By Berniard Law Firm

pexels-pixabay-356040-1-scaled A recent Louisiana Court of Appeal decision has underscored the significance of expert testimony in medical malpractice cases. The case, Mariakis v. North Oaks Health System, involved a wrongful death lawsuit alleging that the hospital failed to provide adequate care, leading to the patient’s death. The trial court initially granted summary judgment in favor of the hospital, but the Court of Appeal reversed this decision, highlighting the necessity of expert evidence to resolve complex medical malpractice claims.

Lori Mariakis presented to the emergency department at North Oaks Hospital with severe abdominal and vaginal pain. She was diagnosed with a colitis flare-up and discharged. Five days later, she returned with worsening symptoms and was diagnosed with constipation. However, her condition deteriorated, and she was admitted to another hospital, where she tragically passed away.

Her sons sued North Oaks Health System, alleging that the hospital’s negligence in diagnosing and treating their mother led to her death. The medical review panel initially found no evidence of malpractice. However, the plaintiffs presented an expert witness, Dr. Robert V. West, who opined that the care provided by North Oaks fell below the applicable medical standard of care and caused Ms. Mariakis’s death.