Louisiana Medical Malpractice Questions & Answers

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

1 Answer | Asked in Personal Injury and Medical Malpractice for Louisiana on
Answered on Jan 24, 2019
Ellen Cronin Badeaux's answer
Matter of fact they are required to do so.

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

1 Answer | Asked in Medical Malpractice for Louisiana on
Answered on Nov 28, 2018
Douglas Lee Bryan's answer
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 process. It sounds as if the case probably went through the review process, but the attorney declined to file suit after the review panel made its determination.

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

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Louisiana on
Answered on Oct 2, 2018
Peter N. Munsing's answer
I suggest you consult a member of the Louisiana Trial Lawyers Assn in the Parrish where it happened. They give free consults.

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

3 Answers | Asked in Personal Injury and Medical Malpractice for Louisiana on
Answered on Aug 2, 2018
Camille Brooks Ibrahim's answer
Contact my office 214 775-9638 or email me at ibrahimc@ijalaw.com! I can assist you further

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

2 Answers | Asked in Personal Injury and Medical Malpractice for Louisiana on
Answered on Jul 9, 2018
Douglas Lee Bryan's answer
You should consult an attorney that handles medical malpractice cases.

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

1 Answer | Asked in Medical Malpractice for Louisiana on
Answered on May 16, 2018
Douglas Lee Bryan's answer
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.

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

1 Answer | Asked in Medical Malpractice and Wrongful Death for Louisiana on
Answered on May 16, 2018
Douglas Lee Bryan's answer
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.

Q: Malpractice can I sue?

1 Answer | Asked in Medical Malpractice for Louisiana on
Answered on Mar 21, 2018
Douglas Lee Bryan's answer
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.

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

2 Answers | Asked in Medical Malpractice and Products Liability for Louisiana on
Answered on Dec 8, 2017
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Medical Malpractice for Louisiana on
Answered on Oct 11, 2017
Douglas Lee Bryan's answer
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.

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

1 Answer | Asked in Medical Malpractice and Health Care Law for Louisiana on
Answered on Sep 1, 2017
Peter N. Munsing's answer
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!

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

1 Answer | Asked in Medical Malpractice for Louisiana on
Answered on May 29, 2017
Peter N. Munsing's answer
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 by getting an estimate and see if the dentist will pay for it.

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

1 Answer | Asked in Medical Malpractice for Louisiana on
Answered on Jan 9, 2017
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Medical Malpractice for Louisiana on
Answered on Feb 16, 2016
Adam Studnicki's answer
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 evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help...

Q: Can a hospital be held liable for misdiagnoses?

1 Answer | Asked in Medical Malpractice for Louisiana on
Answered on Jul 8, 2015
John M DeProspo's answer
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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