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Louisiana Medical Malpractice Questions & Answers
2 Answers | Asked in Personal Injury and Medical Malpractice for Louisiana on
Q: Went donate at BioLife today and while getting set up on the machine while the nurse was inserting the needle it hurt a

little more than it usually did for any previous donations and ended up not being able to finish my donation because one of the nurses said I had a hematoma in my arm and ended up having to wait an extra added 30 minutes and now my arm is turning purple around the insertion site on my arm and it... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 27, 2024

While hematomas can be non-serious, it could be something serious. I would get checked out by a medical doctor.

The injury itself can happen with or without malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor...
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1 Answer | Asked in Medical Malpractice, Health Care Law and Municipal Law for Louisiana on
Q: Who insures the Parish Coroner for Malpractice or breach of duty to investigate a mandatory autopsy death?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 27, 2023

I am not certain there is a requirement for insurance, however if the coroner does obtain insurance, either the office of the coroner or the parish in which the coroner is located would most likely obtain the insurance as there is no requirement that each coroner be insured by the same insurance... View More

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: Son suffers from excessive vomiting daily and development. Dr said normal for vomiting, autism. Son tested positive LEAD

Repeatedly expressed concern at every visit my son pukes daily, doc said it’s normal. Can’t speak in sentences at 2 and obsessive about autism evaluation. No other signs but speech delay. Even points out that my son can do things that autistic children 100% cannot do, but insist he gets... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 9, 2023

Yes it could be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Here the question is what was the standard of care with the symptoms presented.

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: Can I sue a psychiatrist if he can’t prove in court what he diagnosed me for?
Joel Gary Selik
Joel Gary Selik
answered on Apr 23, 2023

These facts, alone, would not warrant a malpractice lawsuit. You must prove harm from the malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for Louisiana on
Q: Can a doctor refuse to order routine blood test if you have concerns and ask them to run them ?
Tim Akpinar
Tim Akpinar
answered on Mar 22, 2023

A Louisiana attorney could advise best, but your question remains open for four weeks. Additional information is needed. It could depend on the basis for the doctor's position, the patient's concerns, the carrier's coverage, and other possible factors. Good luck

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: Medical malpractice: While in the Care of Tioga Community Care ( terrible reputation ) rehab for a fall in my driveway!

While in the Care of Tioga Community Care ( terrible reputation ) rehab for a fall in my driveway resulting in a concussion and a stay in Rapides Hospital after which I was sent to Tioga where I vaguely recall, arguing with nurse Shannon. It seems I fell in my room ending with an Ambulance ride to... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 27, 2023

Nursing home negligence falls within the Medical Malpractice Act in Louisiana. You should contact an attorney directly who handles medical malpractice matters. Good luck.

1 Answer | Asked in Contracts, Personal Injury, Civil Rights and Medical Malpractice for Louisiana on
Q: In Louisiana during CEC inpatient, can a Doctor violate the directive of a Med POA and administer Abilify Maintena?

We knew in advance of an ER trip that medications were inducing hallucinations for my significant other (S.O.), after stopping them twice in a week by stopping the medications. S.O. was ignored by hospital, PEC'd to a mental health facility, who ignored the claims, then CEC'd. Facility... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 1, 2021

You should have gotten your own expert psychiatrist that you could now call to intervene.

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: I need a medical malpractice lawyer, the one I had couldn’t finish. Court is August 23rd can I get help please?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 14, 2021

Ask your former attorney for a referral. Also, use the Justia Find a Lawyer tab and search for medical malpractice lawyers in your area----review the biographical information and call the lawyers you might want representation. You need to act quickly.

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: If I suffered from acute kidney failure after being given vancomycin post surgery for an abscessed bump.

Continued use of medicine that continued kidney failure. Salmonella poisoning and Pneumonia.

Tim Akpinar
Tim Akpinar
answered on Jun 27, 2021

A Louisiana attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal. The things you mention in your post would involve opinions of a medical professional. An attorney isn't qualified to draw any correlations from what you describe. You could reach... View More

2 Answers | Asked in Personal Injury, Civil Litigation and Medical Malpractice for Louisiana on
Q: My parents won a large settlement on my behalf from when I was a child and they never told me about it.

In 1985, a suit was filed in the 15th judicial district, Lafayette, La. It doesn’t say what the outcome was. I know I had a mutual fund that was demutualized I was told. I was also told that a $21,000 check was mailed to me a few years ago but I wasn’t the one to receive it. Any assistance... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2021

Also check unclaimed money under State of Louisiana--if they mailed you a check and no one got it the money might be sitting there. Even better, find out from the court who represented you--what attorney. They should be able to tell you the details.

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1 Answer | Asked in Wrongful Death and Medical Malpractice for Louisiana on
Q: . Can I request autopsy with toxology report in the death if my grandfather?

if I have no power of attorney or medical? The events leading to hospitalization and reason/explanation of his condition was not ever explained to me.. basically I was dismissed in my questioning of medical.staff to try and understand what happened for him to have passed so quickly. I also have... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 30, 2021

You can either file a criminal complaint or hire a medical malpractice attorney.

1 Answer | Asked in Health Care Law and Medical Malpractice for Louisiana on
Q: can a 16 yr old kid be examined without a guardian present. and do they have to let guardian know what is determined.

an pec was signed for a 16yr old kid

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 22, 2021

Generally, there are certain instances a minor can be examined without a guardian present. The facts of each case would determine whether this could be done. And yes, the parent or legal guardian is usually entitled to have access to that information, absent some limited exceptions (such as a... View More

1 Answer | Asked in Personal Injury, Civil Rights and Medical Malpractice for Louisiana on
Q: During an emergency room visit I was administered a shot that I verbly refused. How do I file a complaint or lawsuit?

During the visit 3 police officers were in the room and observed the negligence of the staff. It aslo was all recoreded on officers body camera.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 20, 2020

What damage did the shot cause?

1 Answer | Asked in Medical Malpractice and Wrongful Death for Louisiana on
Q: What is the procedure for a daughter to request copies of her recently deceased mother’s medical records in Louisiana?

Mom’s medical records, were accessible, via-the-online-patient-portal, at the facility, where she passed away, but, 2 hours after her death, the hospital “deactivated” her “online-patient portal account,” preventing, any further access, to all of her pending, & past, tests results.... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 16, 2020

Contact the Records dept at each hospital

But my guess is you will have to open a succession or file a med mal suit to get them.

1 Answer | Asked in Health Care Law and Medical Malpractice for Louisiana on
Q: If you are 9 weeks pregnant and the Dr prescribed you antibiotics that will harm your baby what can you do?
Tim Akpinar
Tim Akpinar
answered on Mar 8, 2020

A lawyer shouldn't advise you here; a doctor should. You should express your concerns about the impact of such antibiotics on your baby to your doctor. And if your doctor's reasoning for prescribing such pills does not address your concerns, you could seek a second medical opinion. Good... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Louisiana on
Q: I'm looking to see what can be done. I received a circumcision in 2018 and I am having trouble due to the surgery.

The Dr was unable to complete the procedure in his office due to the anesthetic not being strong enough. This left me having to go to the emergency room to scope my urethra because it collapsed during the procedure. I then had to have a catheter put In and sent home for a over a week with this... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 4, 2020

You have until 365 days after date of discovery but no more than 3 years after the malpractice occurred. So get to a medical malpractice lawyer quickly.

2 Answers | Asked in Medical Malpractice for Louisiana on
Q: My brother had colon cancer surgery on last week. He did good until 2 days ago. They did not mark the arear they guess.

So they need to go back in. They had plan to do surgery today. But he needed blood he has bed sores. He has blood clots now. He is in a hospital in Grand Rapids Michigan I am in Louisiana. The doctor informed his care person what they have done. Is this medical malpractice?

Robert Hallack
Robert Hallack
answered on Feb 26, 2020

It could be malpractice, but you will need to have his records reviewed by a doctor within that particular field. Please understand that not every mistake, misdiagnosis, or bad result is malpractice. It is only malpractice if there is a failure to follow the standard of care as established by... View More

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1 Answer | Asked in Medical Malpractice for Louisiana on
Q: Can a Doctor deny a patient medical treatment if listed as the patients primary care?
Tim Akpinar
Tim Akpinar
answered on Jan 22, 2020

It could depend on the provisions of the insurance policy. Your post remains open for two weeks. There's no point losing further time if you need medical attention; ask the carrier to arrange for another primary physician. Good luck

Tim Akpinar

2 Answers | Asked in Wrongful Death and Medical Malpractice for Louisiana on
Q: Can I sue hospitals and especially nursing Facility who ignored procedure causing my mom's burst abdomin!

My mom's mid section was as if a ball was under her gown. She was complaining of a pain in that area. In say 2 hospitals and nursing facility all ignored her pain and neglected my mother till tragically her stomach split open, her eyes stayed wide open as though the moment overwhelmed her and... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 21, 2019

You need a medical malpractice attorney.

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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

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