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Louisiana Medical Malpractice Questions & Answers

1 Answer | Asked in Personal Injury and Medical Malpractice for Louisiana on

Q: Do doctors have authority to involuntarily treat you for suicidal ideations

Went to visit family care doctor and they determined that I needed to be involuntarily diagnosed by a psychiatrist. I was taken into custody and admitted to the hospital.

Ellen Cronin Badeaux answered on Jan 24, 2019

Matter of fact they are required to do so.

1 Answer | Asked in Medical Malpractice for Louisiana on

Q: how can I find out if a malpractice case was filed in Louisiana?

My son passed in 1994 at the age of 2 years and 10 months. He was born with a heart defect and successfully had heart surgery. While home he contracted a virus and was bought to the hospital, he had a reaction to a medication given to him while in the hospital and the medicine was discontinued.... Read more »

Douglas Lee Bryan answered on Nov 28, 2018

Unless a panel request was made within, at the latest, 3 years from the date of the alleged malpractice, then it would likely be too late to pursue it. You can call the LA Division of Administration or go to https://www.doa.la.gov/Pages/mrp/FAQ.aspx#1 for more information on the medical review... Read more »

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Louisiana on

Q: My husband recently passed away from going into anafalatic shock none of the first responders had an epipen

Fire department attired first the police then ems. With the epipen he would still be with us

Peter N. Munsing answered on Oct 2, 2018

I suggest you consult a member of the Louisiana Trial Lawyers Assn in the Parrish where it happened. They give free consults.

3 Answers | Asked in Personal Injury and Medical Malpractice for Louisiana on

Q: I've been permanently injured by a surgeon in Louisiana.

I need a lawyer who's not afraid of Louisiana.

Camille Brooks Ibrahim answered on Aug 2, 2018

Contact my office 214 775-9638 or email me at ibrahimc@ijalaw.com! I can assist you further

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2 Answers | Asked in Personal Injury and Medical Malpractice for Louisiana on

Q: Can I sue for the nexplanon implant giving me serious problems and doctor allowing student to touch me during procedure

I have had the nexplanon birth control implant since 2017,it has given me serious side effects. I was wondering if I can sue for the damages it has done to me. When I was getting the implant the doctor asked me if a student could come in and watch the procedure, I declined and she insisted that the... Read more »

Douglas Lee Bryan answered on Jul 9, 2018

You should consult an attorney that handles medical malpractice cases.

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1 Answer | Asked in Medical Malpractice for Louisiana on

Q: in Louisiana if a subject is subpoenaed to testify in a malpractice suit and does not wish to, are they required to?

Douglas Lee Bryan answered on May 16, 2018

The purpose behind a subpoena is to ensure the person subpoenaed actually shows up for their trial or deposition. If there is some compelling reason why the person should not be compelled to testify then there are remedies, such as a Motion to Quash.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Louisiana on

Q: Should a person that is subpoenaed in a malpractice suit be forced to testify if they do not wish to?

Douglas Lee Bryan answered on May 16, 2018

The purpose behind a subpoena is to ensure the person subpoenaed actually shows up for their trial or deposition. If there is some compelling reason why the person should not be compelled to testify then there are remedies, such as a Motion to Quash.

1 Answer | Asked in Medical Malpractice for Louisiana on

Q: Malpractice can I sue?

Im a 26 year old female who recently had a laparoscopic hysterectomy and had some complactions, They overdose me with Anesthesia that cause a serotonin syndrome, I guess My medication I told them I was taking ( Zoloft ) caused that. I was in the hospital for a few days because I was having seizure... Read more »

Douglas Lee Bryan answered on Mar 21, 2018

It sounds as if you need to call and speak with an attorney that handles medical malpractice matters. It's hard to give any information or advice in a forum like this and with the limited information you've provided.

2 Answers | Asked in Medical Malpractice and Products Liability for Louisiana on

Q: I live in Louisiana, do I have to use a faulty medical device attorney in Louisiana?

In April of this year I had to have a stent placed in my left leg. They went through the right groin area to do the procedure. When it was complete they used a Angio seal closure device and it failed and pretty much destroyed my right femoral artery. After my fourth surgery I developed a large... Read more »

Peter N. Munsing answered on Dec 8, 2017

Did you go through the La. Assn for Justice and ask if there were medical products attorneys? There used to be a number. Try those. If they say no, let me know. You can have outside cousnsel but then they'd want local counsel in many cases.

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1 Answer | Asked in Medical Malpractice for Louisiana on

Q: Can a fiance initiate a wrongful death suit for medical malpractice in LA?

Douglas Lee Bryan answered on Oct 11, 2017

Not for his or her own claim; however, he or she may be able to pursue a claim as the natural tutor/tutrix of the decedent's child.

1 Answer | Asked in Medical Malpractice and Health Care Law for Louisiana on

Q: Has my minor childs Hippa Rights been breached or violated ?,

A woman that I know who's child does not get along with my children works at the pharmacy where my child's lice medication was called into. She is a Tech and assited in getting my child's medication ready for pickup. About an hour after picking up her prescription I received a text message from the... Read more »

Peter N. Munsing answered on Sep 1, 2017

Unlikely under the facts but even if they were it's problematic legally as there is no remedy for the person in the Privacy Act!

1 Answer | Asked in Medical Malpractice for Louisiana on

Q: Is a dentist required to replace a crown (free of charge) if a patient is allergic to the non precious metal material?

I had a crown put in on the left side of my mouth about 2 years ago. After complaining about it not feeling right to the dentist and them not addressing the issue, I went to a different dentist. Over the past two years I've had several health issues (all on the left side) and spent hundreds of... Read more »

Peter N. Munsing answered on May 29, 2017

If you didn't tell the dentist I don't know that they had a duty to investigate. You may have a claim however, and should contact a member of the Louisiana Assn for Justice who handles medical cases. They give free consults. They would likely not take the case but suggest how you approach it. Start... Read more »

1 Answer | Asked in Medical Malpractice for Louisiana on

Q: If a child has a serious birth defect, but isn't diagnosed until many years later, can I sue for malpractice?

Louisiana. I had tons of issues and tests during pregnancy. Multiple ultrasounds. Told at birth, child was "perfect, healthy, and average". After birth, child has developmental issues, issues eating, and some health issues. Child is 7 when mother finds diagnosis and has doctor confirm. Birth... Read more »

Peter N. Munsing answered on Jan 9, 2017

Contact a member of the Louisiana Assn for Justice who handles malpractice cases--they give free consults. Understand it may be too late but there may be details I don't know of which may make it possible.

1 Answer | Asked in Medical Malpractice for Louisiana on

Q: It is a school project.I am the defendant and it is a malpractice lawsuit. I have to make up everything.

I am the defendant and being sued for not stitching the patient's finger properly.

I really dont know what to say in order to defend my self. Pleaseeeee help me! Basically, i have to make up everything from scratch. But i don't know how. Plzzz help me. I dont know how to talk my way out of... Read more »

Adam Studnicki answered on Feb 16, 2016

You'll learn more if you do your own homework. Have fun with it.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Medical Malpractice for Louisiana on

Q: Can a hospital be held liable for misdiagnoses?

I am a 39 year old female who has found out that I have scolosis and lordsis within the last few years. I have been going to the same hospital since I was born. I have taken several physicals for jobs that required lifting. I was told that I had to have developed this when I was about 13 or 14... Read more »

John M DeProspo answered on Jul 8, 2015

I would suspect your time to look into any possible claim has long passed( statute of limitations) You should contact a medical malpractice lawyer in your area who can go into this in greater detail.

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