Baton Rouge Personal Injury Blog

Take action over a birth injury today

It used to be understood that childbirth was a dangerous undertaking. Women and babies alike commonly died in the process.

Most people believe that the days of home births attended only by midwives and without anesthesia are no longer the norm.

Could you or your loved one be a victim of patient abandonment?

Patient abandonment is a type of medical malpractice that generally leaves the patient in a particularly fragile or vulnerable state. It most often happens when a physician decides to "wash his (or her) hands" of a patient that is -- in some fashion -- troublesome.

Do any of these situations sound familiar?

  • You were turned away from a hospital or clinic during what was clearly an emergency situation because of a lack of insurance or an outstanding bill for previous treatment.
  • You were being treated in an emergency room, and your physician left without properly transferring your care to another physician.
  • You were discharged while you still felt incapable of handling your own care, and no provisions were made to obtain assistance for you.
  • Your physician abruptly ended his practice or went on an extended vacation without making any arrangements for another physician to take over the care of his or her patients.
  • Your doctor decided to terminate your relationship over a difference in opinion about your care, but you weren't given adequate notice or time to find a new physician. The doctor also refused to continue your medication refills in the interim.
  • You were discharged without clear instructions regarding follow-up care, wound care or other necessary actions.
  • Your physician failed to check on you after an operation or other procedure.

Louisiana roads would be a lot safer without distracted drivers

When you obtained a Louisiana license to operate a motor vehicle, you no doubt understood that you instantly became legally bound to adhere to all traffic and safety laws and regulations associated with driving a car in this or any other state. Certain driving behaviors can prompt criminal charges against you, such as getting behind the wheel with a blood alcohol content level of .08 or higher.

Some driving habits are not necessarily classifiable as crimes; however, exhibiting such behaviors while driving may place you and anyone in your vicinity at risk for collision or injury. Like all good drivers in this state and across the country, you likely try to avoid distracted driving or reckless driving maneuvers, but what about the drivers who don't? If one hits you, you might spend weeks or months in recovery; in fact, some injuries can have permanent, life-changing consequences.

Could truck speed limiters make the roads safer?

Safety advocates who have been pushing for all new trucks to have speed limiter devices that are set to 65 mph took their case to the federal government for the third time. Once again, their efforts fell short.

The coalition headed by the Truck Safety Coalition and Road Safe America has been using statistical analysis and economics to try to convince the government's lawmakers that automatic emergency braking (AEB) and speed limiters that would stop heavy-duty trucks from exceeding 65 mph on the highways are necessary.

The true cost of bicycle injuries

Would you estimate that the true cost of bicycle injuries -- if you consider only the medical expenses involved -- is in the millions every year?

Most people wouldn't. However, a 2017 study by the University of California, San Francisco indicates that the medical costs associated with bicycle accidents are increasing each year. The annual cost in 2017 was approximately $789 million from non-fatal accidents alone. Over the 17 years included in the study, the total medical costs for all bicycle accidents, including those with fatalities, equaled $237 billion.

3 reasons why you need a personal injury attorney's help

What does a personal injury attorney have to offer you when you're injured?

Frankly, just about everything. When you're suffering from a serious injury and you're worried about your job, your bills and your family, it's very difficult to keep everything in perspective. You're already overwhelmed -- which makes it easy for an insurance company to take advantage of you.

Can you avoid becoming a medical malpractice victim?

Nobody wants to become the victim of a medical mistake, but is there anything you can do to prevent it from happening? When you're sick, it's easy to feel powerless over your situation. That tends to make people feel as if there's nothing they can do but put their faith in the doctors and nurses in charge of their care.

The good news is that you aren't as powerless as you think. Here are the things you can do to protect yourself against medical malpractice (short of staying healthy and avoiding accidents):

  1. Don't self-diagnose. Websites like WebMD can help you come up with questions to ask your doctor. However, you shouldn't use them to diagnose your own condition. If you pick up wording from such sites and pass incorrect information on to your doctor, you could make an accurate diagnosis harder.
  2. Do not withhold information from your doctor. It's embarrassing, sometimes, to discuss bodily functions -- especially when things aren't working right -- but your doctor needs to hear about the problems you're having. Don't be shy. Your doctor has heard it all.
  3. Trust your instincts. If you don't believe that a doctor is listening or is on the right track, you have the right to a second opinion. Let the doctor know that you don't believe that his or her diagnosis fits the bill -- and why. Assert yourself.
  4. Ask plenty of questions. Don't accept half-baked answers. Make the doctor take the time to explain your condition and what it means for your life. Require an explanation about any medication changes that aren't fully explained to you before you agree to take them.
  5. Ask for backup. Most hospitals have a patient ombudsman or someone similar who can -- and will -- go to bat for you if you think that you aren't receiving appropriate care.

Voice assistants: Can they help prevent medical malpractice?

If you enter a Louisiana hospital for surgery or treatment because you are ill or injured, you must entrust your health to a team of licensed medical caregivers. The doctor or surgeon attending your case is in charge. Have you ever thought about how tired doctors get when they have been working long hours and trying to take care of multiple patients at once?

Doctor fatigue, or worse, career burnout is a serious issue. In fact, many medical workers say overwork and shortage of staff is often the reasons they make mistakes. Many people say advanced technology, in particular voice assistants, can not only help doctors be more productive but may also reduce the number of medical malpractice cases by lessening doctor fatigue. No technology can fully protect you from medical negligence, which is why it's good to know where to seek support if a problem arises.

Who is liable for swimming pool accidents?

Rising summer temperatures have a lot of families strategizing and struggling to "beat the heat." Is it any wonder, then, that a lot of people turn toward local swimming pools -- whether they're in the neighbor's backyard or open to the community -- as a source of relief?

Hopefully, you won't actually need this information any time soon, but it's smart to have a basic working knowledge about pool injuries and legal liabilities before you head out. Here's what you should know:

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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