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Benjamin P. Mouton
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  • Partner, Head of Medical Malpractice

Location:

Baton Rouge, LA

Phone:

Fax:

225-228-2302

Email:

Benjamin P. "Ben" Mouton is a civil trial attorney and focuses his law practice on personal injury, plaintiff's medical malpractice, physician errors, hospital negligence, nursing home negligence, prescription drug errors, wrongful death, amputations, brain injury, birth injury and legal malpractice cases.

Mr. Mouton was born in New Orleans and grew up in Lafayette. He graduated from the University of Southwestern Louisiana in 1987 with a major in business administration. He earned a law degree from Louisiana State University in 1990 and immediately went into the private practice of law.

He joined the firm in October 2000 and has more than 28 years of experience as a trial attorney. He has a statewide practice in both state and federal courts. Ben is Board Certified in Medical Malpractice Law by the American Board of Professional Liability Attorneys (ABPLA) – one of only 16 attorneys in the state who have earned this distinction. He has also served on the organization's Board of Governors since 2010.

He is a member of the Louisiana State and Baton Rouge Bar Associations. Ben is a Double Century Club member, having donated 200+ hours of pro bono legal service in the Baton Rouge metro area. He is also a member of the American Association for Justice and the Louisiana Association for Justice (LAJ), as well as being a member in the Professional Liability/Medical Malpractice Sections of both organizations. In 2011, Ben was selected as a member of the Top 100 Trial Lawyers by the National Trial Lawyers.

Since 2008, he has served on LAJ's Legislative Committee. He is a past Chairman of the Medical Malpractice Section of LAJ. Also, in 2009, he was nominated to serve on the Louisiana Health Care Commission by LAJ having served a two-year term. He is also a member of the LAJ Board of Governors beginning in 2010.

He is a frequent speaker to lawyers, judges, law students, adjusters and paralegals on such topics as medical malpractice, trial practice and medical records. He has also served as an expert witness in legal malpractice cases.

Trial Experience:

Lead (18) and Co-Counsel (7) in twenty-five civil jury trials involving plaintiff medical malpractice claims.

Lead (6) and Co-Counsel (3) in nine bench trials involving plaintiff medical malpractice claims.

Lead (1) and Co-Counsel (1) in two civil jury trials involving plaintiff personal injury claims.

Other Litigation Experience:

Lead Counsel in numerous medical review panel proceedings in which the Panel rendered an opinion favorable to the claimant.

Lead Counsel in many successful mediation conferences involving plaintiff medical malpractice claims and plaintiff personal injury claims.

Lead Counsel in many bench trials/hearings involving plaintiff medical malpractice claims, plaintiff personal injury claims, child custody, child support, spousal support, community property partitions, boundary disputes and contract disputes.

Lead Counsel in many plaintiff medical malpractice claims, plaintiff personal injury claims, child custody, child support, spousal support, and community property partitions that were settled before trial with and without alternative dispute resolution.

Lead Counsel in several plaintiff medical malpractice claims filed as Federal Tort Claim Act actions in federal court.

Lead Counsel in 20+ hearings before Social Security Administrative Law Judges involving social security disability claims.

 

Areas Of Practice

  • Personal Injury
  • Plaintiff's Medical Malpractice
  • Physician Errors
  • Hospital Negligence
  • Nursing Home Negligence
  • Prescription Drug Errors
  • Wrongful Death
  • Amputation
  • Brain Injury
  • Birth Injury
  • Legal Malpractice Cases

Certified Legal Specialties

  • Medical Malpractice Law , American Board of Professional Liability Attorneys , 2010

Bar Admissions

  • Louisiana, 1990
  • U.S. District Court Western District of Louisiana, 1990
  • U.S. District Court Middle District of Louisiana, 1990
  • U.S. District Court Eastern District of Louisiana, 1990

Education

  • Louisiana State University Law Center, Baton Rouge, Louisiana
    • J.D. - 05/1990
  • University of Southwestern Louisiana, Lafayette, LA
    • B.S. - 1987
    • Major: Business Administration
    • Major: Petroleum Land Management
  • Louisiana State University, Louisiana

    Representative Cases

    • Louisiana State University Law Center, Baton Rouge, Louisiana
      • J.D. - 05/1990
    • University of Southwestern Louisiana, Lafayette, LA
      • B.S. - 1987
      • Major: Business Administration
      • Major: Petroleum Land Management
    • Louisiana State University, Louisiana

      Classes/Seminars

      • Speaker, How to Handle a Social Security Disability Case from A to Z, Baton Rouge Bar Association, Pro Bono Project, June, 2001
      • Co-Speaker, Medical Records for Paralegals, NBI, Inc. Paralegal Studies Institute, September, 2001
      • Speaker, Prescription Pitfalls in Louisiana Medical Malpractice, LTLA Winter Seminar, February, 2002
      • Speaker, How to do a Social Security Disability Case Beginning to End, BRBA, Pro Bono Project, August, 2002
      • Speaker, Medical Malpractice, BRBA, CLE by the Hour, December, 2002
      • Lecturer, Medical Malpractice, Medical Records and Social Security Disability
      • Guest Lecturer, Southern University Law School, Advanced Torts (Medical Malpractice), February, 2012
      • Co-Speaker, Dealing with the Patient's Compensation Fund, LTLA Medical Malpractice Section Meeting, February, 2003
      • Co-Speaker, The Future Course of Medical Malpractice in Louisiana, Baton Rouge Association of Women Attorneys, March, 2003
      • Co-Speaker, Witness Preparation, Baton Rouge Bar Association CLE by the Hour, December, 2003
      • Co-Speaker, Making Sense of Medical Cases in Louisiana: A Paralegal's Guide, NBI, Inc., Institute for Paralegal Education, August 2004
      • Co-Speaker, How to Get the Medical Records You Need in Louisiana, NBI, Inc., October 2004
      • Speaker, Witness Preparation, Baton Rouge Bar Association CLE by the Hour, December, 2004
      • Speaker, Witness Preparation, Louisiana Trial Lawyers Association, Updates for Louisiana Lawyers, January, 2005
      • Co-Speaker, Tackling Advanced Medical Malpractice Issues in Louisiana, NBI, Inc., June, 2005
      • Co-Speaker, Tackling Advanced Medical Malpractice Issues, NBI, Inc., June, 2006
      • Co-Speaker, Handling Medical Negligence Claims, NBI, Inc., December, 2006
      • Speaker, Witness Preparation, Baton Rouge Bar Association CLE by the Hour, December, 2006
      • Speaker, Witness Preparation, Louisiana Association for Justice, CLE a la Carte, December, 2006
      • Co-Speaker, A Medical Malpractice Refresher: Panels, Caps and the PCF, Baton Bar Association Bench-Bar Conference 2007, April 2007
      • Co-Speaker, Successful Medical Malpractice Suits, NBI, Inc., December, 2007
      • Speaker, Recent Developments from the Louisiana Supreme Court: Prescription vs. Peremption and The Relation-back Theory, Louisiana Association for Justice, CLE a la Carte, December 2007
      • Speaker, Recent Developments from the Louisiana Supreme Court: Prescription vs. Peremption and The Relation-back Theory, Louisiana Association for Justice, CLE Highlights for 2008, January 2008
      • Co-Speaker, Tackling Advanced Medical Malpractice Issues, NBI, Inc., September, 2008
      • Presenter, Medical Review Panels: Tips to Get a Favorable Opinion, LAJ Webinar, 12/03/2009 to 12/03/2009
      • Speaker, Landmines in Medical Malpractice for the General Practitioner, Louisiana Association for Justice, CLE a la Carte, December, 2010
      • Co-Speaker, Medical Malpractice: Guide to Misdiagnosis Cases, NBI, Inc., August 2011
      • Presenter, Obstetrical Malpractice: Liability Issues in the Second Stage of Labor, American Board of Professional Liability Attorneys, Annual Meeting, San Diego, CA, June 2012
      • Speaker, Louisiana Medical Disclosure Panel: Who are We Trying to Protect?, Louisiana Association for Justice, CLE a la Carte, December 2012
      • Speaker, Recent Developments in Medical Malpractice: Prescription for Joint Tortfeasors and Motions for Summary Judgment, Louisiana Association for Justice, CLE a la Carte, December 2013
      • Moderator, Medical Malpractice Workshop: Medical Review Panel Procedure and Problems, Trials and Experts and Obstacles to Settlement, Louisiana Judicial College, February 2014
      • Panelist/Co-Speaker, Finish Strong: Jury Charges and Jury Interrogatories, Louisiana Judicial College/LAJ Evidence and Procedure Seminar, February 2015
      • Co-Speaker, How to Persuade Juries and Judges, NBI, Inc., December 2015
      • Speaker, Medical Malpractice, Louisiana Association for Justice, CLE a la Carte, December 2015
      • Co-Speaker, Confronting Informed Consent at Trial, Louisiana Association for Justice, Medical Malpractice Section Workshop, January 2016
      • Speaker, Medical Malpractice: Tips for the General Practitioner, Baton Rouge Bar Association CLE by the Hour, December 2016
      • Speaker, Medical Malpractice for the General Practitioner, Baton Rouge Bar Association CLE by the Hour, December 2017
      • Speaker, Recent Developments on Medical Malpractice Law, Louisiana Association for Justice, CLE a la Carte, December 2017
      • Speaker, Medical Malpractice, Differences between the State Act and the Private Act, Baton Rouge Bar Association CLE by the Hour, December 2018

      Honors and Awards

      • Martindale-Hubbell rating - AV®
      • Top 100 Trial Lawyers by the National Trial Lawyers
      • Named one of the Top 100 Litigation Lawyers in Louisiana, The American Society of Legal Advocates, 2013, 2014.

      Professional Associations and Memberships

      • Louisiana State Bar Association, Member, 1990
      • Baton Rouge Bar Association, Member, 1990
      • Louisiana Trial Lawyers Association and LAJ, Member, 2000 to Present
      • LTLA Medical Malpractice Section, Member, 2000 to Present
      • Knights of Columbus, St. Jude Council, 1st Degree Member, 1999
      • Kappa Sigma Home Building Corp., President-Elect, 2002 to 2003
      • Kappa Sigma Home Building Corp., Secretary, 2001 to 2002
      • Kappa Sigma Fraternity, Alumnus Advisor, 1998 to 1999
      • Louisiana Association for Justice, Board of Governors, 2010 to Present
      • American Association for Justice, Member, 2003 to Present
      • BRBA, Family Law Section, Member, 1993 to 2000
      • BRBA, Pro Bono Project, Attorney, 1993 to 2000
      • Louisiana High School Mock Trial Competition, Baton Rouge Region, Second Round, Presiding Judge, 03/2009 to 03/2009
      • Louisiana Association for Justice, Member, 2000 to Present
      • Louisiana Association for Justice, Medical Malpractice Section, Past Chairman, 2009 to 2010
      • American Association for Justice, Professional Negligence Section, Member, 2004 to Present
      • Louisiana Association for Justice, Medical Malpractice Section Legislative Committee, Member, 2007 to 2008
      • Louisiana Association for Justice, Medical Malpractice Section Legislative Committee, Member, 2008 to 2009
      • Louisiana Association for Justice, Legislative Committee, Member, 2009 to 2010
      • Louisiana Health Care Commission, Member, 2009 to 2011
      • American Board of Professional Liability Attorneys, Board of Governors, 2010 to 2012
      • Top 100 Trial Lawyers, The National Trial Lawyers, Member, 2011 to 2011
      • Medical Malpractice Section, Chairman, 2009 to 2010

      Past Employment Positions

      • James Don Thomas, II ALC, Associate Attorney, 1990 to 2000
      • LAJ's Legislative Committee, 2008 to 2008
      • McGlynn & Glisson, APLC, Associate Attorney, October 2000 - December 2008

      Pro Bono Activities

      • Baton Rouge Bar Association, Pro Bono Project, 1990 to 2000
      • Baton Rouge Bar Association, Pro Bono Century Club, 1994 to 1994
      • Baton Rouge Bar Association, Pro Bono Double Century Club, 1997 to 1997
      • Coach, Louisiana High School Mock Trial Competition, Baton Rouge Region, St. Joseph's Academy, 2009 to 2010
      • Coach, Louisiana High School Mock Trial Competition, Baton Rouge Region, St. Joseph's Academy, 2010 to 2011
      • Coach, Louisiana High School Mock Trial Competition, Baton Rouge Region, St. Joseph's Academy, 2011 to 2012
      • Host Team Committee Member, Capital Area Legal Services Corporation, 50th Anniversary Celebration, 2008 to 2008

      Fraternities/Sororities

      • Kappa Sigma