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Louisiana Medical Malpractice Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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

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... 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 »

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