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Louisiana Wrongful Death Questions & Answers
1 Answer | Asked in Estate Planning and Wrongful Death for Louisiana on
Q: When writing a will, is it possible to prevent a relative from filing a lawsuit in my name after I die?

I want to make sure that no relative has the opportunity to file a wrongful death or other types of lawsuits on my behalf if I've died. Instead, if applicable, I want to leave that sole right and opportunity to my partner, to whom I'm not married.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 2, 2022

You need to speak to an estate planning attorney to discuss whether or not what you desire can happen. Good luck.

1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Q: A misplaced n g tube was Actual Cause of death. Discovered after prescription do I have a path forward to sue?

Actual Cause although mentioned by ER Doctor 5 times, n g tube looped in distal esophagus, tip terminated, coiled in hiatel hernia above diaphragm blocking airway, my family was told septic shock and bowel perforation killed my mother. I feel this has been criminally mishandled.

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2022

A Louisiana attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your mother. Condolences to you and your family. Yes, you could possibly have a path forward, but no one here could say for certain until the records are reviewed by medical... Read more »

1 Answer | Asked in Wrongful Death for Louisiana on
Q: Would a rubber tube coiled up blocking airway serve burden of proof under "The Thing Speaks For Itself'?

Do I still need an expert opinion when it is proven a rubber tube was left in my Mothers throat, Obviously by nursing home who has no record of procedure, obviously to hide the truth, momma's facial expression of eyes and mouth open is text book suffocation/asphyxiation. Has burden of proof... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2022

Yes you ALWAYS need an expert in med mal and you need a pulmonologist

2 Answers | Asked in Land Use & Zoning, Animal / Dog Law and Wrongful Death for Louisiana on
Q: My neighbor fatally shot my ratterrier with a bow and arrow through my fenced in backyard. What can I do

I want this man to be brought to justice! I am seeking any and all advice and info on where, who, and/or what all I can and should do! What my options are and what other actions I could do legally through other types of departments, organizations, platforms, anything...

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 20, 2021

File a criminal complaint if this psycho shot a deadly weapon through your fence. Then file a civil suit against him with the justice of the peace for vet bills, the price you paid to buy, license, vaccinate, groom, bathe, and feed the dog every year. In other words attach a spread sheet.

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2 Answers | Asked in Health Care Law and Wrongful Death for Louisiana on
Q: My sister was hospitalized and released from a hospital in 2018 and had to readmitted the next day and intubated .

When she was released she wasn't suctioned properly and Conti ued to be admitted and released . She asphyxiated on the trache in 2019. Can I sue for wrongful death?

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

Get a consultation with a medical malpractice attorney. But they will want to see the medical records to evaluate the case.

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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 Wrongful Death for Louisiana on
Q: Wrongful death suit father received 250,000 for kids an supposed to be put in trust but father spent every dime

My father had no reason to spend any dollar that was awarded for his children due to our mother's death yet he spent every dollar and the lawyer allowed him

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 18, 2020

Don't know what the question is. You can't sue him because it is spent.

1 Answer | Asked in Municipal Law, Criminal Law, Legal Malpractice and Wrongful Death for Louisiana on
Q: Can A Municipality Issue A Warrant And Arrest You For Not Appearing At A Court Date That You Were Never Summoned To?

Water Bill Utility Autopayment Overdraft That Somone Else Set Up - Charged With [Issuing Bad Checks]

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

You need to hire an attorney to get the warrant recalled.

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 Wrongful Death for Louisiana on
Q: Wrongful death settlement.

As an informer on the death certificate and also the deceased person sister that raising her 10yr old, Can I received portions of the settlement? She has a husband a 1 other minor kid and 2 adult kids.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 11, 2020

Her 4 children evenly divide her estate. If you are the guardian with custody of 1 of the 4 children, you can seek to be the

tutor of 1/4 of her estate.

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 Criminal Law, Child Custody, Child Support and Wrongful Death for Louisiana on
Q: Is Filiation and Paternity the same thing? Also is there a peremption period to establish paternity after death?

Louisiana Vital Records require a court ordered Judgment of Paternity to amend / add a father. My father has been deceased since April 1991 and it is now Nov 2019. Is there peremption period that could cause my case to be dismissed?

My father legitimated and became my presumed father. I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 22, 2019

Filiation and paternity are the same thing. If you were acknowledged or legitimated, your attorney should be able to obtain a Judgment of Paternity and ordering Vital Records to add his name to your birth certificate. However, how could this matter 28 years after his death?

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 »

3 Answers | Asked in Federal Crimes, Wrongful Death, Elder Law and Probate for Louisiana on
Q: If the now deceased, added a stepchild to their bank account, does that person have rights to spend after death?

The non adopted stepchild has been reported to state authorities for neglect, exploitation of my elder family member whom died with the case still open. Death was 3 months ago. We the family a still waiting on answers from EPS, but afraid this stepchild has not only contributed to his death, but... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 9, 2019

These wrongs have remedies but you need to hire an attorney without delay to pursue them. Yes, as far as the bank is concerned the stepchild can drain the account. But a court can stop that. You must act quickly.

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3 Answers | Asked in Personal Injury, Car Accidents and Wrongful Death for Louisiana on
Q: I need advice on what to do next. My husband was killed in a hit&run in Rayne, LA May17, 2019. I'm lost, need help.

I sent a question early this morning & was asked where the hit & run took place. It was Rayne, LA. I can't get anyone in that parish to release any info to me. He is not listed as an inmate, yet I can't even get the name of his insurance or his toxicology report. I'm disabled... Read more »

Sye J Broussard
Sye J Broussard
answered on Jun 14, 2019

I am sorry for your loss. If we have your husband’s name and the responding law enforcement agency, we can get a copy of the police report to utilize to file a claim with the responsible party’s insurance company to hold them accountable.

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3 Answers | Asked in Personal Injury and Wrongful Death for Louisiana on
Q: May 17,2019, my husband was killed in a hit & run accident while riding his bicycle. Who do I contact to know my rights?

He was on a bicycle. The driver fled, but was arrested later that day. Can I sue his insurance for burial fees & pain & suffering? This was in Louisiana, on May 17,2019.

Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
answered on Jun 14, 2019

So sorry for your loss. As a cyclist myself I am concerned. I’ve worked with attorneys there on serious accidents. What city did this occur? I may be able to direct you. You should be able to get payments from his insurance.

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1 Answer | Asked in Wrongful Death for Louisiana on
Q: my dad was killed in a vehicle accident . is it law to take blood samples from the driver
Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 13, 2019

Yes, the police will take a blood sample from all drivers involved as part of their investigation. My condolences on your loss.

2 Answers | Asked in Wrongful Death for Louisiana on
Q: in a vehicle fatality is it law to do blood test
Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 13, 2019

Yes, the police will perform a blood analysis on all drivers involved.

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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.

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.

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