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Louisiana Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Louisiana on
Q: Well it took right over a year for them to all of a sudden comply and send them to us
Tim Akpinar
Tim Akpinar answered on Nov 4, 2019

Something might have been left out in the course of uploading your post. You could try reposting. Include a question, but don't include personal information. Good luck

Tim Akpinar

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: To get someone to review the records I’m not sure on how to go about doing that.
Douglas Lee Bryan
Douglas Lee Bryan answered on Oct 25, 2019

An attorney who handles medical malpractice matters usually will have the records reviewed to determine if malpractice was committed.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Louisiana on
Q: there Is a lot of blank pages in my deceased fathers medical care report and other odd stuff .

Electronically signed dates are like the next day. Then one op note was added like a month later.

One part says he was taken to recovery doing well without problems then it’s the same papers but it says death. But they say he died i the catch lab.

He was givin too much... Read more »

Robert Hallack
Robert Hallack answered on Oct 24, 2019

These are questions which cannot be answered without further review of the records either by an attorney or another physician. Blank pages and late signings are not unusual practices in and of themselves to warrant suspicion. Please keep in mind that you only have one year from the date of the... Read more »

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: I am being awarded my funds from my case and was told I can only get 500,000 I want to do about future medical expenses

My attorney said my future medical bills are included in the 500,000 which may no sense to me. I do have Medicare but I would still have to pay the 20% since Medicare only covers 80%. Why would I be responsible for 20% of something that someone caused to me for the rest of my live.

Tim Akpinar
Tim Akpinar answered on Oct 19, 2019

A Louisiana attorney could advise best, but your question remains open for two weeks. It's difficult to comment without seeing your attorney's closing statement in terms of how it breaks down the award. With the considerable medical treatment that must have accompanied an award of that size, make... Read more »

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: Can a child of a deceased parent request medical records without being the executor of the estate?
Robert Hallack
Robert Hallack answered on Oct 14, 2019

Yes. LSA - 40:1299.96(A)(2)(b) allows children of the deceased patient to request medical records without opening an estate.

3 Answers | Asked in Medical Malpractice for Louisiana on
Q: I had an angioplasty and the doctor went in through wrong side to place a stent. I now walk with a limp.
Robert Hallack
Robert Hallack answered on Aug 29, 2019

How is it that you know the doctor went in through the wrong side to place the stent? The issue in your case is 1) whether by performing your surgery in this manner the surgeon failed to follow the standard of care, and 2) whether by choosing to perform the surgery in this manner did he cause an... Read more »

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1 Answer | Asked in Medical Malpractice for Louisiana on
Q: Can a doctor delete an entry off your medical file electronically?

My baby passed away in a NICU here and she has a entry that doesn't have any information and the status say deleted.

Tim Akpinar
Tim Akpinar answered on Aug 25, 2019

I'm so sorry for your loss. You should speak with a Louisiana attorney, but your question remains open for a week and could involve transient digital files. No one can pass judgment on what the deletion involved without knowing more information. But a deletion under such circumstances raises... Read more »

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
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
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
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
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
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
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
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
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
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
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
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
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
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.

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