Baton Rouge Personal Injury Blog

Does 'informed consent' release your physician from liability?

If you have any kind of serious or chronic health condition, you want your doctor to be candid about the risks you face during any course of treatment or surgical procedure.

Unfortunately, doctors aren't always good about making sure that patients fully understand the risks they face -- although they will make sure that they get their patients to sign a "consent for treatment" form so that they can later claim that they aren't liable if something goes wrong.

Court dismisses wrongful death claim because of patient's actions

A lawsuit regarding the wrongful death of a Louisiana cancer victim was summarily dismissed with prejudice. That means the plaintiff is barred from bringing the case again.

The plaintiff's expert witness was found to be lacking. However, the larger part of the decision seems to be tied directly to the actions of the victim herself before her death.

Baton Rouge partiers are often dangerous drivers

You might have chosen Baton Rouge as your home locale because you liked how close it is to the Mississippi River. You may also be one of many Louisiana residents who enjoy the many celebrations and community events that the city hosts, which attract tens of thousands of tourists every year. A problem that sometimes arises, however, is that party goers often consume alcohol then make poor decisions to get behind the wheel of their cars to drive.

If you have a beer at Mardi Gras then drive home, you aren't necessarily doing anything illegal. However, if a driver's blood alcohol content level is .08 or higher (in most cases) he or she may wind up facing drunk driving charges. Sharing the road with a drunk driver might also mean you end up in the hospital emergency room with serious injuries. Knowing how to recognize signs of drunk driving and where to seek support if a collision occurs are high priorities for Baton Rouge travelers.

Louisiana aims to change its rep as 'bad for bicyclists'

Louisiana has a terrible reputation when it comes to safety for bicyclists, but a number of people would like to see that change. That's why the fourth-annual Bicycle Safety Festival is set to be held in Lafayette on June 1, directly across from the Federal Courthouse.

Representatives from one of the local sponsors will be handing out 300 bike helmets to riders, and there will be a bicycling safety training class. Completing the training course will allow participants to enter to win a free bicycle from another sponsor. In addition, there will be plenty of other fun, food and free giveaways, including t-shirts, bike bells and bike safety lights.

When your lawyer lets you down, you may have reason to sue

There are never any certain outcomes where the law is concerned. There are probabilities, statistics, the "voice of experience" and other factors that you can take into account when you make decisions as a case moves forward -- but the typical layperson needs to rely on their attorney for a lot of guidance.

That puts attorneys in a rather elevated position with their clients. Some of them, unfortunately, misuse that position or abuse the trust they are given.

These common birth injuries are often avoidable

There are a number of common birth injuries that are actually avoidable if a physician is alert to the signs that they could happen and takes the proper precautions during labor and delivery.

Some of the most common birth injuries include:

  • Lacerations and bruising of the infant's scalp due to the use of forceps or vacuum extraction
  • Facial paralysis due to injuries to the fifth cranial nerve or another nerve in the baby's face either due to pressure during labor and birth or the use of forceps
  • Broken bones, particularly to the clavicle (collarbone) or the infant's shoulder, which can occur when the infant is really too large for a natural delivery and is stuck in the birth canal
  • Brachial palsy, which can leave one or both of an infants hands and arms damaged due to injury to the nerve bundle that controls both arms

Bill aims to end the military's immunity from medical malpractice

Ordinarily, if a hospital, nurse or doctor commits a grave act of negligence that seriously injures you or kills your loved one, you can sue for malpractice.

Not so, however, if you happen to be a service member injured by a military hospital, nurse or doctor. The Feres Doctrine, which is now a 69-year-old ruling by the United States Supreme Court, says that the Federal Tort Claims Act that allows private citizens to sue the government when they've been wronged by a federal employee or agency's negligence does not usually apply when one member of the military is injured by the negligence of another member of the military.

Why distracted drivers are so dangerous to Lousiana travelers

Whether you're out for an evening stroll with a loved one or navigating a morning commute to work, chances are you will encounter motorists at some point. There are certain areas in Louisiana and elsewhere that are more dangerous than others, such as intersections or high-speed highways with many lanes of traffic. While you wouldn't normally be walking on an interstate, you may indeed have to cross the street in a town if you're on foot.

If you're driving, you will likely be in the midst of traffic and may find yourself in a high-risk situation at any given moment, especially if there's a distracted driver nearby. There are many types of driving distractions, some of which many may mistake for "normal" driving behavior, such as drinking a cup of coffee or lighting a cigarette behind the wheel. If a distracted driver causes you or your loved one injury, it's critical that you know where to seek support.

Louisiana takes first steps toward legal reforms

There's no question about the fact that Louisiana has the second-highest auto insurance rates in the nation. The real question is why the rates are so high and what needs to change in the state's legal system to make things better for consumers.

If you listen to some people, the exorbitant rates are all the fault of "rich personal injury lawyers" who are encouraging excessive money-grabs by claimants that aren't really badly injured and doctors-for-hire that help them.

What are the time limits on a product liability case?

There are, unfortunately, all sorts of defective products out there on the market. Sometimes, those products end up injuring consumers in enormous ways.

While you can often file a lawsuit for damages caused by a defective product, there are rules that you have to follow.

Let me help you protect your right to recovery. Contact my Louisiana law office online, or call 225-224-0383 to schedule a free consultation with an experienced attorney.

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Vincent J. DeSalvo, Attorney at Law
7918 Wrenwood Boulevard, Suite A
Baton Rouge, LA 70809

Phone: 225-224-0383
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