survival action

Siblings Awarded $200K in Legal Malpractice Case: A Cautionary Tale of Attorney Negligence

Published on: September 19, 2024 | By Berniard Law Firm

pexels-sora-shimazaki-5669602-1-scaled In a poignant reminder of the potential consequences of attorney negligence, the Louisiana Court of Appeal recently upheld a substantial $200,000 legal malpractice award to four siblings who tragically lost their brother due to their former attorneys’ alleged mishandling of a wrongful death lawsuit. This case highlights the importance of competent legal representation and the potential consequences of attorney negligence.

Case Background

The plaintiffs, siblings of the deceased Frank Anthony Dawson, hired the defendants, Gray & Gray and James Gray, II, to represent them in a wrongful death and survival action against the Sheriff of St. Tammany Parish. Mr. Dawson tragically died by suicide while under suicide watch in the sheriff’s custody.

Louisiana Court Grapples with Complexities of Adoption in Wrongful Death Case

Published on: September 16, 2024 | By Berniard Law Firm

pexels-fotios-photos-1909015-scaled A recent ruling by the Louisiana Court of Appeal, Third Circuit, has shed light on the complex interplay between adoption and the right to file wrongful death and survival actions. The consolidated cases, stemming from a tragic car accident that claimed the lives of Richard Stewart, Jr., and his two minor children, raised questions about whether adopted children and biological half-siblings can pursue such claims.

The accident resulted in the deaths of Richard Stewart, Jr., and his two minor children. Mr. Stewart was survived by his wife, Lisa Stewart, and two adult sons, Daniel Goins and David Watts, who were adopted as minors. Additionally, the deceased minor children had a biological mother, Brandi Hardie, who was not a party to the lawsuits.

Following the accident, multiple survival and wrongful death actions were filed. The central issue was whether Goins and Watts, as adopted children and biological half-siblings, had the right to bring these claims.

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

Published on: August 23, 2024 | By Berniard Law Firm

pexels-pixabay-263402-scaled 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, specifically concerning who can initiate a medical review panel and how that affects prescription for potential plaintiffs. This blog post will dissect the Guffey decision, analyze its implications, and offer guidance for navigating medical malpractice claims in Louisiana.

Case Background

Geneva Guffey, a nursing home resident, suffered a severe leg injury when a Lexington House employee dropped her during a transfer. She tragically passed away a few months later. Her granddaughter, Deana Fredrick, initiated the medical review panel process, a prerequisite to filing a medical malpractice lawsuit in Louisiana.