Vincent J. DeSalvo, Attorney at Law
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Baton Rouge Personal Injury Blog

What meaning does 'standard of care' have in malpractice claims?

Not every medical mistake, even a missed diagnosis, is actually medical malpractice.

To demonstrate malpractice, one of the things that the plaintiff has to show is that the physician failed to live up to the standard of care that's considered ordinary or reasonable for the situation.

My child suffered injuries in the birth process. Who is to blame?

Parents always want what is best for their children, and it can be difficult to watch your child suffer from an injury, illness or other type of medical issue. Louisiana parents whose children suffered an injury during the birth process know how overwhelming this situation can be, yet this is not something they have to endure alone.

If your child suffered a birth injury, it is possible that it was the result of some type of medical negligence or the reckless actions of the care provider. It is worthwhile to seek a complete understanding of your rights and the legal options available to you. It may be possible for you to pursue a civil claim against the liable parties.

Don't let today's safe cars give you a false sense of security

All you have to do is watch a few car ads these days to realize that the big buzzwords driving marketing and sales have less and less to do with "toughness" and "speed" and far more to do with safety.

Popular commercials show features of modern "safe cars" in their best light. Ads demonstrate cars can safely parallel park with ease and show smart cars stopping on their own to avoid hitting other vehicles or pedestrians.

What is a lack of informed consent?

What does it mean when someone says that he or she didn't give informed consent to a medical procedure?

In general, it means that a doctor didn't give the patient the information necessary to make a decision about how he or she should proceed with medical treatment.

Suing for the invasion of your privacy

The internet has made people comfortable sharing their personal lives with dozens or even hundreds of people online. However, there are usually still some things that people choose to keep private -- and they may not realize how important that privacy is until they lose it.

If your privacy was purposefully wrecked by someone else, you may have a cause of action for a personal injury claim based on invasion of privacy laws.

Beyond the obvious: Other dangerous driving behaviors

Everyone knows the dangers of drunk driving. In fact, as you are likely well aware, driving under the influence of drugs or alcohol is the number one cause of traffic-related deaths. You may also be familiar with the other leading causes of motor vehicle accidents as well, like drowsy driving and speeding. Driving while tired is almost as dangerous as drunk driving, and excessive speeding is the second leading cause of motor vehicle accidents.

You may even already be familiar with the risks of distracted driving, as public service announcements and laws banning texting while driving have tried to alert the public to the hazards posed by any activities that take a driver's attention away from the road. Beyond these more obvious examples, though, what are some other high-risk driving activities? Most importantly, is there anything you can do to keep yourself and your family safer on the roads of Louisiana?

The most dangerous time of the year for drivers

Is the winter holiday season really such a dangerous time for drivers?

There's a lot of cautionary tales on the news and common sense seems to indicate that there are a lot more cars on the roads -- Christmas shoppers, delivery drivers and people just visiting their relatives for family dinners make up a lot of the traffic. But what do the actual statistics say?

How do you stay safe around trucks during the holidays?

If you've been out on the highways and city streets lately you've probably noticed an increase in the number of trucks on the road.

For that, you can thank the holiday season. Online ordering has skyrocketed in recent years during the holidays, which means that more truckers are trying to get those orders to their destinations in time.

Woman wins multi-million dollar verdict over distracted driving

A Texas woman was awarded a $43.5 million civil verdict against a Louisiana-based oil field services company and one of its vehicle's drivers. The jury found that the plaintiff was a victim of distracted driving by one of the company's executives -- who was operating a voice-activated phone while driving.

During investigations into the crash, it was discovered that the company had multiple cellphone policies -- depending on what position the employee held in the company. In comparison, many companies have a complete ban on cellphone use while in company vehicles because they pose such a danger of distraction.