mgm-attorneys

Who Can You Sue for Injuries After a Hit-and-Run Crash?

Fri, 27 Mar 2026 03:23:07 GMT

Being injured by a driver who speeds away from the scene adds another layer of frustration to an already traumatic situation. In a hit-and-run accident , you’re left dealing with injuries, vehicle damage, and mounting medical bills while the person responsible disappears.

Unfortunately, hit-and-run crashes happen far too often in Baton Rouge. Drivers may flee for many reasons, such as no insurance, a suspended license, or outstanding warrants, but their reasons don’t change the reality you’re facing.

You’re left injured, overwhelmed, and wondering how you’ll recover physically and financially.

The good news is that you still have options. Even if the at-fault driver is never identified, Louisiana law provides pathways to pursue compensation and protect your right to recover damages.

What are My Options for Recovering Damages After a Hit-and-Run?

After a hit-and-run accident, you may have several options for recovering damages .

These options include:

Filing an Uninsured Motorist Claim Against Your Own Insurance Company

If you have UM coverage, you can file a claim with your own insurer. Louisiana law requires insurers to offer UM coverage, so many drivers carry it, even if they don't realize it.

This coverage is designed to protect you when:

The at-fault driver can't be identified
The at-fault driver has no insurance
The at-fault driver's insurance isn't enough to cover your damages

Filing a Claim Against The At-Fault Driver (If They're Found)

If law enforcement identifies and locates the driver who fled, you can pursue a personal injury claim directly against them. However, many hit-and-run drivers are never caught, which is why UM coverage is so critical.

Filing a Claim Against Other Parties Who Share Liability (In Limited Circumstances)

In some cases, other parties may share liability .

For example:

A bar or restaurant that overserved the driver (dram shop liability)
An employer, if the driver was working at the time of the crash
A vehicle owner who lent their car to an unlicensed or impaired driver

These scenarios require thorough investigation. An experienced attorney will identify all possible sources of compensation.

What Steps Should I Take After a Hit-and-Run Crash?

Take these steps immediately after an accident to protect your rights:

Call 911. Report the accident to law enforcement and get medical attention, even if you think your injuries are minor.
Document everything. Take photos of the scene, your vehicle, and your injuries. Write down what you remember about the other vehicle, such as color, make, model, and partial plate number.
Get witness information. If anyone saw the crash, get their contact details. Witness statements can be critical.
Notify your insurance company. Report the hit-and-run to your insurer as soon as possible. Be factual, but don't give a recorded statement without consulting an attorney first.
Contact a personal injury attorney . Insurance companies will try to minimize what they pay you. An attorney will fight to ensure you get full compensation.

Frequently Asked Questions About Hit-and-Run Claims

Can I still recover compensation if the driver is never found?

Yes. If you have uninsured motorist coverage , you can file a claim with your own insurance company. Your attorney will document your injuries and losses to justify the full value of your claim.

Will my insurance rates go up if I file a UM claim?

Generally, no. Filing an uninsured motorist claim after a hit-and-run should not increase your premiums, since you were not at fault.

How long do I have to file a claim in Louisiana?

Louisiana's statute of limitations for personal injury claims is two years from the date of the accident. Don't wait. Evidence fades, witnesses forget, and insurance companies become harder to deal with over time.

What if my insurance company denies my claim?

You have the right to challenge that denial. Insurance companies often try to avoid paying valid claims . An attorney can negotiate with your insurer or take legal action if necessary.

Do I need a lawyer for a hit-and-run claim?

You're not legally required to hire an attorney, but you should. Insurance companies have lawyers working to minimize what they pay you. You need someone fighting just as hard on your side.

How a Baton Rouge Hit-and-Run Attorney Can Help You Recover Compensation

Hit-and-run accidents are frustrating, frightening, and often leave victims feeling powerless. But you're not powerless. You have rights, you have options, and you deserve full compensation for what you've been through.

MGM Attorneys fights for injured people in Baton Rouge and across Louisiana. We know how insurance companies operate, and we know how to hold them accountable.

Call MGM Attorneys today for your free consultation.

Filing a Wrongful Death Lawsuit After a Fatal Car Accident in Louisiana

Fri, 27 Mar 2026 03:05:15 GMT

Losing a family member in a car accident is devastating. One moment your loved one is here, and the next, your entire world has changed. The financial pressure, emotional trauma, and uncertainty about the future can feel overwhelming, especially when someone else's negligence caused this tragedy.

Under Louisiana law, you have the right to hold the person responsible for your loved one's death accountable through a wrongful death lawsuit.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil claim filed when someone dies due to another person's negligence , recklessness, or intentional misconduct. In Louisiana, this includes car accidents, truck crashes, drunk driving collisions, and any situation where a wrongful act or failure to act causes a fatal injury .

Who Can File a Wrongful Death Claim in Louisiana?

Louisiana law is specific about who has the right to file a wrongful death lawsuit. Only certain family members can bring this type of claim, and the law prioritizes them in this order:

1. Surviving spouse and children — They have the first right to file.

2. Surviving parents or siblings — If there is no spouse or children, parents or siblings may file.

3. Grandparents — In limited circumstances, grandparents may have the right to file if no closer relatives survive.

If you're unsure whether you qualify to file a claim, a personal injury attorney can review your situation and explain your legal options.

What Damages Can You Recover in a Wrongful Death Lawsuit?

No amount of money can bring back your loved one. But a wrongful death lawsuit exists to provide financial relief for the very real losses your family is facing.

Louisiana law allows you to seek compensation for:

• Medical expenses: Expenses incurred before death, including emergency care, hospitalization, and treatment

• Funeral and burial costs : These costs add up quickly and often catch families off guard

• Lost wages and future earnings : Your loved one would have continued to earn income and support the family

• Loss of support and services : Did your loved one maintain the home, provide childcare, fix things, or handle tasks that now cost money to replace?

• Loss of love, companionship, and guidance : This is intangible but real, and Louisiana law recognizes it

Calculating these damages requires understanding both the immediate financial impact and the long-term losses your family will face. An experienced wrongful death attorney knows how to accurately value these claims and fight for maximum compensation.

What is the Statute of Limitations in Louisiana?

Louisiana's statute of limitations for wrongful death claims is strict: one year from the date of your loved one's death. If you miss this deadline, you lose your right to file a lawsuit.

A year may sound like a long time, but it passes quickly when you're grieving, handling arrangements, and trying to keep your life together. Insurance companies know this. They count on you waiting, getting overwhelmed, or missing the deadline entirely.

Starting your claim early preserves your rights, gives your attorney time to investigate, and keeps pressure on the responsible party to take your claim seriously.

Can I Win a Suit Without a Criminal Conviction?

Many families assume they can't file a wrongful death lawsuit if the at-fault driver wasn't charged with a crime or wasn't convicted. That's not true.

Wrongful death lawsuits are civil cases, not criminal prosecutions. The standard of proof is lower. You do not need to prove guilt "beyond a reasonable doubt” in a civil case. You only need to show it is more likely than not that the other person caused your loved one's death.

Even if criminal charges were dropped or the driver was acquitted, you can still pursue a civil wrongful death claim. The evidence required is different, and the outcome in criminal court doesn't dictate what happens in civil court.

Why Should I Contact a Wrongful Death Attorney Now?

Your loved one's life mattered. Their death deserves accountability. And your family deserves justice and financial security.

Insurance companies will try to settle quickly for far less than your claim is worth. They're betting you won't fight back. But at MGM Attorneys, we fight for families who have lost everything, and we don't stop until we get results.

You have one year to file a wrongful death lawsuit in Louisiana. Don't wait until it's too late. Contact MGM Attorneys today for a free consultation. We'll review your case, explain your rights, and help you take the next step toward justice.

Limiting Liability After a Louisiana Car Accident: Insurance Tactics You Should Know

Thu, 26 Feb 2026 21:39:25 GMT

After a car accident, the phone call comes quickly. A friendly insurance adjuster asks how you’re feeling and wants your version of events. It sounds routine. It isn’t.

Insurance companies are businesses. Their goal is simple: reduce what they pay. And under Louisiana’s modified comparative fault law , they now have even more incentive to shift blame onto you.

Understanding how the law works and how insurers use it can make a major difference in protecting your claim.

Louisiana’s Modified Comparative Fault Rule: Why 51% Matters

Under current law, you can only recover damages if you are 50% or less at fault for the accident.

If you are 20% at fault, your compensation is reduced by 20%.
If you are 50% at fault, you can still recover, but your award is cut in half.
If you are 51% or more at fault, you recover nothing.

Insurance adjusters are now highly motivated to push your fault percentage above that line, preventing any payout.

Common Insurance Tactics After a Crash

The tactics insurance adjusters use after a crash help them limit their financial liability by shifting the fault back to you. Here are some of the most common tactics used.

1. The “Friendly” Early Call

Adjusters often call within hours of the accident, while you are still shaken, before you understand the full extent of your injuries, and before you have had a chance to speak with an attorney.

They are gathering information while your guard is down, which can later be used to:

Increase your share of fault
Minimize your injuries

Anything you say can be revisited months later.

2. Requesting a Recorded Statement

Adjusters routinely request recorded statements , framing it as a standard part of the claims process. However, you are not required to give a recorded statement to the other driver’s insurer.

Seemingly harmless comments given during recorded statements can be used against you.

Answering “I’m okay” when the adjuster asks how are you doing, could later be cited as evidence that your injuries were minor.
Offhand comments such as “I didn’t see them coming” or “I was changing the radio” can later be framed as admissions of partial fault.

3. Inflating Your Percentage of Fault

Because recovery is reduced by your percentage of fault, and barred entirely at 51%, insurers now aggressively look for ways to argue that you share the blame.

They may claim:

You were driving too fast for the road conditions
You stopped suddenly
You were distracted
You could have avoided the collision

4. Challenging Your Injuries

Prompt medical attention after an accident is critical in assisting your claim from both a medical and legal perspective. You must prove that the accident caused your injuries.

Insurance companies often argue:

Your injuries were pre-existing
You delayed treatment
Your care was unnecessary or excessive

Any gap in treatment gives them room to question whether the crash is truly responsible.

You also have a duty to mitigate damages , meaning you must take reasonable steps to prevent your condition from worsening. If you do not follow medical advice, skip appointments, or refuse treatment, an insurer can argue that your condition is the result of your own failure to mitigate.

Seeking medical care after a crash strengthens your ability to prove both causation and the full extent of your damages.

5. Monitoring Social Media

Insurance companies routinely review social media accounts during open claims.

A photo of you smiling at a family event can be misrepresented as evidence that you are not seriously injured, even if you were in pain that day.

During a claim, limit your social media activity and avoid discussing your accident or injuries online.

6. Quick Settlement Offers

If an insurer contacts you quickly with a settlement offer, treat it as a red flag.

Quick offers are almost always below the true value of your claim, and accepting any settlement waives your right to seek additional compensation later, even if your injuries worsen or new treatment needs emerge.

How an Attorney Protects You from Insurance Tactics Used to Limit Fault

Under Louisiana’s modified comparative fault system, early strategy matters more than ever.

An experienced car accident attorney can:

Preserve evidence before it disappears
Gather witness statements
Work with accident reconstruction experts if needed
Protect you from giving harmful recorded statements
Build medical evidence that clearly connects the crash to your injuries

Most importantly, your attorney works to keep your fault percentage where it belongs, below the 51% bar.

Insurance companies have teams trained to reduce payouts from day one. You deserve someone doing the opposite.

If you were injured in a car accident, speak with one of the experienced attorneys at MGM before speaking at length with the insurance company. What happens in the first few days after an accident can determine how much you recover or whether you recover anything at all.

How Do Insurance Companies Assign Liability After a Car Accident in Louisiana?

Thu, 26 Feb 2026 21:35:54 GMT

After a car accident, one question determines almost everything that follows: Who is at fault?

The answer affects who pays for medical bills, vehicle repairs, lost wages, and long-term care. But liability is rarely as straightforward as one driver admitting responsibility at the scene. Most people don’t. Instead, insurance companies step in to investigate, interpret the evidence, and assign percentages of fault, often in ways that reduce what they have to pay.

What happens in the days and weeks after a crash, especially the conversations you have with insurance adjusters , can determine whether you walk away with fair compensation or a fraction of what you actually deserve.

If you were injured in a Louisiana car accident , understanding how insurers assign liability is essential to protecting your rights. And with recent tort reform changes affecting how fault impacts compensation, knowing the rules is no longer optional. It is critical to your ability to recover what you deserve.

Understanding Louisiana’s Fault-Based System in Car Accident Cases

Louisiana operates on a fault-based system for car accidents. This means the driver who caused the crash is financially responsible for the resulting damages. This includes:

Medical expenses
Property damage
Lost income
Pain and suffering

The at-fault driver's liability insurance is the primary source of recovery for accident victims. That puts the fault determination process at the very center of everything, and it puts insurance adjusters in an enormous amount of power over your claim.

How Changes in Louisiana’s Comparative Fault Laws Play a Role in Accident Liability and Compensation

For years, Louisiana followed a "pure" comparative fault standard. Under this model, multiple parties could share fault for a crash, and each party's compensation was reduced by their percentage of responsibility. For example, a driver who was 99% at fault could still recover 1% of their damages from another at-fault party.

In 2026, Louisiana moved from a pure comparative fault system to a modified comparative fault system . Under this system, if you are found to be 51% or more at fault for a crash, you cannot recover any compensation from the other party.

This is a profound shift that completely changes the stakes of the fault-determination process. Insurance companies now have a far greater incentive to argue that you were at least 51% at fault for your own crash. A successful argument that you were majority at fault eliminates their obligation to pay anything at all.

What Evidence Do Insurance Adjusters Review to Determine Fault in a Car Accident?

Insurance adjusters evaluate multiple sources of evidence to determine fault, including:

Police Reports: Officers document the scene, cite traffic violations, and sometimes offer an opinion about fault. While not legally binding, these reports carry weight.
Vehicle Damage: The location and severity of impact often reveal how the collision occurred.
Photos and Video: Dashcams, surveillance cameras, and cell phone footage are increasingly influential in modern claims.
Witness Statements: Independent witnesses can strongly impact fault determinations.
Accident Reconstruction: In serious injury cases , insurers may rely on experts to analyze speed, braking, and vehicle positioning.

Adjusters compare this information against Louisiana traffic laws to decide who violated a duty of care and assign liability.

Take Early Action After an Accident to Preserve Your Claim

Because fault allocation plays such a critical role, what you do immediately after an accident matters more than many people realize.

To protect your claim:

Document the scene with photos or video
Obtain witness contact information
Seek medical treatment promptly
Avoid recorded statements without legal guidance
Preserve damaged property and repair estimates

Early documentation strengthens your position before insurers begin building their defense.

How Can an Attorney Assist You in the Aftermath of a Car Accident?

If fault is disputed, or if you suffered serious injuries, it is wise to speak with an experienced attorney before accepting a settlement.

An attorney can:

Conduct an independent investigation
Challenge improper fault assignments
Work with reconstruction experts
Negotiate directly with insurers
Prepare for litigation if necessary

Insurance companies assign adjusters immediately. You deserve someone protecting your interests just as quickly.

Challenge A Liability Determination with an Experienced Injury Attorney

Insurance companies determine liability by reviewing evidence, applying Louisiana law, and negotiating percentages of fault. But those determinations are not final simply because an adjuster says so.

Fault can be challenged. Evidence can be strengthened. And compensation can often be increased with proper advocacy.

If you were injured in a car accident and fault is being questioned, do not assume the insurance company’s decision is the last word.

Contact MGM Attorneys today for a case evaluation. Before you speak with an adjuster, make sure someone is protecting your rights, and your recovery.

Louisiana’s New Modified Comparative Fault Law: Understanding Changes that Affect Personal Injury Claims

Mon, 26 Jan 2026 03:13:39 GMT

As of January 1, 2026, Louisiana implemented a substantial change to its civil liability framework that directly affects how fault is evaluated in personal injury claims .

The state transitioned from a pure comparative fault system to a modified comparative fault rule. Under this new standard, an injured party who is found to be 51% or more at fault for an accident is barred from recovering any compensation.

Understanding how the modified comparative fault rule operates is essential for anyone pursuing or defending a personal injury claim under the current law.

What Is Comparative Fault?

Comparative fault is the legal method used to decide how responsibility is divided when more than one party contributes to an accident. Under this system, each party is assigned a percentage of blame. That percentage directly affects the amount of compensation an injured person can recover.

How Louisiana’s Old Pure Comparative Fault System Worked

Before 2026, Louisiana followed a pure comparative fault system. Under that rule:

You could recover compensation even if you were mostly at fault
Your damages were simply reduced by your percentage of responsibility

Example: If your damages totaled $100,000 and you were found 60% at fault, you could still recover $40,000.

FREE CASE EVALUATION

How Does Louisiana’s New Modified Comparative Fault Law Work?

Starting January 1, 2026, Louisiana adopted a modified comparative fault rule with a firm threshold:

If you are 50% or less at fault, you can recover compensation, which is still reduced by your percentage of fault
If you are 51% or more at fault, you are barred from recovery entirely

That one-percent difference now carries serious consequences. Fault is no longer just about reducing damages. It now determines whether a claim survives at all.

How the New Law Impacts Personal Injury Claims in Louisiana

Louisiana’s move to a modified comparative fault system fundamentally changes how personal injury claims are evaluated from the moment an accident occurs. For injured individuals, this is no longer just a matter of proving damages; it is about protecting the viability of the claim itself.

As a result:

Insurance companies have a strong incentive to push fault beyond the 50% threshold, allowing them to deny any claim for compensation
Fault disputes will be more frequent and more aggressive
Greater emphasis will be placed on factual details and supporting evidence
Settlements may be harder to reach in cases where responsibility is not clearly one-sided

What Injury Victims Need to Know to Protect a Claim

Under Louisiana’s modified comparative fault law, injured individuals must approach the aftermath of an accident with greater awareness and intentionality than ever before. Because fault now determines whether a claim exists at all, early decisions and actions can significantly affect the outcome of a case.

Key steps matter more than ever:

Document the scene immediately with photos or video
Get witness names and contact information
Seek medical treatment right away
Avoid giving recorded statements without legal guidance
Preserve any evidence that shows how the accident actually occurred

Fault disputes under Louisiana’s former pure comparative framework were often resolved through negotiation, even when evidence was incomplete. That is no longer a safe assumption. In today’s legal environment, waiting for fault to “sort itself out” can result in missed opportunities to protect a valid claim.

For injury victims, understanding the heightened importance of early action is now essential to safeguard both legal rights and financial recovery.

Common Questions About Louisiana’s New Comparative Fault Law

1. Does this new law apply if my accident happened in December 2025?

No. If your accident occurred before January 1, 2026, Louisiana’s old pure comparative fault rule still applies, as long as your claim is filed within the statute of limitations.

That means you may still recover compensation even if you were more than 50% at fault. The new 51% cutoff only applies to accidents that happen on or after January 1, 2026.

2. Does the modified comparative fault rule only apply to car accidents ?

No. The new rule applies to all personal injury cases in Louisiana where comparative fault is used to determine responsibility.

This includes:

Car and truck accidents
Motorcycle and pedestrian accidents
Slip-and-fall and premises liability claims
Workplace injury-related civil claims
Product liability cases

3. Can I still negotiate with the insurance company under the new law?

Yes, but negotiations are now more aggressive and more strategic. Insurance companies know that pushing your fault past 50% eliminates their obligation to pay anything.

As a result, you can expect:

Greater emphasis on your actions before the accident
More scrutiny of statements, social media, and medical records
Faster blame-shifting tactics during claims handling

This makes early documentation and legal guidance far more important than under the old rule.

4. How is fault actually determined?

Fault may be assigned by:

Insurance adjusters during claims evaluation
Attorneys during settlement negotiations
Judges or juries if a case goes to trial

Police reports, witness statements, photographs, video footage, accident reconstruction, and medical records all play a role. Fault is rarely automatic and often disputed.

5. Does being partially at fault automatically ruin my case?

No. Being partially at fault does not end a claim unless your responsibility crosses the 51% mark. If you are found 50% or less at fault, you may still recover compensation, though your damages will be reduced proportionally.

If you’re injured in an accident after January 1, 2026, fault is no longer just a detail. It’s the deciding factor. At MGM Injury Attorneys , we understand how insurers evaluate fault under the new law and how to protect your position from the outset.

If you have questions about fault, liability, or your ability to recover compensation, we encourage you to speak with one of our experienced attorneys as soon as possible. A timely review of your situation can make a meaningful difference in the outcome of your claim.

What Happens If You’re Hit by an Uninsured Driver in Louisiana?

Thu, 22 Jan 2026 02:55:49 GMT

Louisiana consistently ranks among the states with the highest rates of uninsured motorists. That means there is a very real chance that if you are involved in an accident, the driver who hits you may not have coverage or may only carry the bare minimum.

This reality makes Uninsured/Underinsured Motorist (UM/UIM) coverage one of the most important protections Louisiana drivers can have.

What Is Uninsured Motorist Coverage in Louisiana?

Uninsured Motorist (UM) coverage steps in when the at-fault driver has no insurance or not enough insurance to cover your losses.

Unless you specifically rejected it in writing, Louisiana law assumes your auto policy includes UM coverage by default.

UM coverage can help pay for:

Medical bills
Lost wages
Pain and suffering
Future medical care
Permanent injuries or disability

It essentially replaces the insurance that the at-fault driver should have had.

FREE CASE EVALUATION

What If the Other Driver Has Insurance, but Not Enough?

This is known as an underinsured motorist claim. If the at-fault driver’s policy limits are too low to fully cover your damages, your UM/UIM coverage can help bridge the gap. This is especially important in serious injury cases, where medical costs can quickly exceed the minimum policy limits.

What to Do Immediately After Being Hit by an Uninsured Driver

What you do in the minutes and days after a crash with an uninsured driver can directly affect your ability to recover compensation.

1. Call 911 and Get Medical Help

Always prioritize your safety. Even if injuries seem minor, get checked. Delayed symptoms are common and documented medical care matters.

2. File a Police Report

A police report creates an official record of the accident, which is critical when dealing with insurance disputes.

3. Exchange Information

Get the other driver’s name, contact details, and vehicle information—even if they admit they’re uninsured.

4. Do Not Accept Cash at the Scene

Uninsured drivers often offer cash to avoid police involvement. Accepting it can seriously damage your claim later.

5. Notify Your Insurance Company

Report the accident promptly and clearly state that the other driver is uninsured or underinsured.

6. Speak With an Attorney Before Giving Recorded Statements

Insurance companies, even your own, are not on your side. A recorded statement given too early can be used to minimize or deny your claim.

Why Uninsured Motorist Claims Can Get Complicated

Many people assume their own insurance company will “do the right thing.” In reality, UM claims often involve:

Disputes over fault
Challenges to the severity of injuries
Delays or low settlement offers
Pressure to accept less than your claim is worth

Once you file a UM claim, your insurer effectively becomes the opposing party. Having legal representation helps level the playing field.

How an Attorney Helps After an Uninsured Driver Accident

An experienced personal injury attorney can:

Investigate the crash and preserve evidence
Handle all communication with insurers
Maximize available UM/UIM benefits
Calculate the full value of your damages
Push back against unfair settlement tactics
File a lawsuit if necessary

This is especially important in serious injury or long-term disability cases.

Talk to MGM Injury Attorneys Before You Make a Costly Mistake

If you were hit by an uninsured or underinsured driver in Louisiana, you don’t have to navigate this alone. One wrong move early in the process can cost you medical coverage, lost income, and long-term compensation.

MGM Injury Attorneys helps accident victims understand their rights, deal with insurance companies, and pursue the compensation they deserve.

Contact MGM Injury Attorneys today for a free consultation and get answers before insurance companies control the narrative.

What Is the Duty to Mitigate Damages and How Does It Affect an Injury Claim?

Tue, 23 Dec 2025 02:43:58 GMT

In Louisiana personal injury cases , accident victims have a legal obligation known as the duty to mitigate damages. This means you are expected to take reasonable steps to limit the financial and physical impact of your injuries. This legal requirement directly affects the amount of compensation you may recover after an accident.

How Do Insurance Companies Use Failure to Mitigate Against You?

Failure to mitigate damages after an accident can reduce the value of an injury claim, even if liability is clear.

Insurers may argue that some medical costs, lost wages, or long-term effects could have been avoided if you had taken reasonable steps after an accident.

This is why accurately documenting treatment, symptoms, and medical advice is so important throughout the claim process.

What Counts as Reasonable Efforts to Mitigate Damages After an Accident?

Reasonable mitigation means doing what an average person would do under similar circumstances. This typically includes:

Seeking medical treatment promptly after an accident
Following your doctor’s treatment plan
Attending follow-up appointments and therapy
Avoiding activities that could worsen your injuries

You are not required to take extreme measures, undergo unsafe treatment, or violate religious beliefs.

CONTACT AN ATTORNEY

What Role Does an Attorney Play in Protecting Your Claim From Mitigation Disputes?

An injury attorney protects your claim by challenging unfair mitigation arguments.
Legal representation helps show that your actions were reasonable and that your injuries were caused by the accident, not your response to it.

An attorney can:

Present medical evidence supporting your treatment timeline
Address gaps or delays in care
Push back against insurer mischaracterizations
Ensure future damages are properly accounted for

When Should You Get Legal Help Regarding Duty to Mitigate?

You should speak with a personal injury attorney as early as possible after an injury. Early guidance can help you avoid mistakes that insurers later use to undermine your claim.

Frequently Asked Questions About the Duty to Mitigate Damages

Can delayed medical treatment hurt my injury claim?

Yes. Delaying medical treatment can hurt your claim if the insurance company argues your injuries were not serious or were caused by something else. However, a short or reasonable delay does not automatically mean you failed to mitigate damages.

How long can I wait before seeing a doctor after an accident?

There is no exact deadline, but you should seek medical care as soon as symptoms appear. The longer the delay, the easier it is for insurers to argue your injuries were unrelated to the accident.

What if my injuries didn’t show up right away?

Delayed symptoms are common and do not automatically mean you failed to mitigate damages. Certain injuries can take days to appear after an accident.

Do I have to follow every doctor’s recommendation exactly?

You are expected to follow reasonable medical advice. If a treatment is unsafe, changes over time, or conflicts with your beliefs, that does not automatically count against you.

Can insurance companies deny my claim for failure to mitigate?

They can argue it, but they must prove your actions were unreasonable and directly increased your damages. This is often disputed and depends on the facts of the case.

Does failure to mitigate mean I lose my entire case?

No. Failure to mitigate usually affects the amount of compensation, not whether you can recover at all. Insurers often exaggerate this issue to pressure victims into low settlements.

Contact a Personal Injury Attorney for Help With Your Claim

The duty to mitigate damages is one of the most misunderstood aspects of personal injury law. Small decisions after an accident can have a big impact on your compensation.

At MGM Injury Attorneys , we help accident victims protect their claims and push back against insurance tactics designed to minimize payouts. If you have questions about how your actions may affect your case, we’re here to help.

Contact us today to discuss your options and learn how we can help strengthen your claim after an accident.

What Should You Do After Being Hit by a Vehicle in Louisiana?

Mon, 22 Dec 2025 19:37:50 GMT

Editor's note: This post was originally published on February 17, 2022, and has been updated for accuracy and relevance.

Being struck by a vehicle is a serious and often life-altering event. In the immediate aftermath, everything can feel like a blur. You may be dealing with physical pain, shock, and a rush of unanswered questions about what comes next.

Those first hours and days after a crash are critical. The choices you make during that time can affect your physical recovery, financial stability, and ability to protect your legal rights.

What Is the First Thing to Do After Being Hit by a Vehicle?

The first thing you should do is get medical attention , even if you feel “okay.”

If your injuries appear serious, call 911 or accept emergency care at the scene. If symptoms feel minor, you should still see a doctor as soon as possible. Many injuries, including concussions and internal trauma, are delayed and may not show symptoms right away.

Seeking immediate medical care:

Protects your health
Creates documentation linking your injuries to the crash
Prevents insurance companies from arguing your injuries are unrelated

Waiting can put both your recovery and your claim at risk.

CONTACT AN ATTORNEY

What Injuries Are Common After Being Hit by a Car?

The force of a vehicle impact can cause serious and long-term injuries, including:

Broken bones and fractures
Traumatic brain injuries and concussions
Neck, back, and spinal cord injuries
Internal bleeding or organ damage
Soft tissue injuries that worsen over time

These injuries often require extended medical treatment, physical therapy, or surgery. In severe cases, they can limit your ability to work or perform daily activities for months or longer.

How Being Hit by a Vehicle Can Impact Your Ability to Work

Being hit by a vehicle often leads to lost wages and financial strain during recovery.

Time away from work can mean:

Missed paychecks
Reduced future earning capacity
Mounting medical and household bills

Unfortunately, bills do not pause while you heal. For many accident victims, the financial impact becomes just as stressful as the physical recovery.

Can You Get Compensation After Being Hit by a Car in Louisiana?

If another driver’s negligence caused the accident , you may have the right to pursue compensation through a personal injury claim. Financial recovery can help offset the losses you have experienced, including:

Medical bills and ongoing treatment costs
Lost wages and reduced earning ability
Pain and suffering
Rehabilitation and therapy costs
Other accident-related damages

Insurance companies often act quickly to minimize payouts. Accepting an early settlement without understanding the full scope of your injuries can leave you paying out of pocket later.

When Should You Contact a Louisiana Personal Injury Attorney?

Contact an attorney as soon as possible after being hit by a vehicle. Personal injury claims can be complex, especially when injuries are serious or liability is disputed.

Early legal guidance helps preserve evidence, avoid costly mistakes, and ensure your claim is handled correctly from the start.

An experienced Louisiana personal injury attorney can:

Investigate how the accident occurred
Handle communication with insurers
Gather medical and financial evidence
Fight for full and fair compensation

Having an attorney allows you to focus on healing while someone else handles the legal process, deadlines, and negotiations.

Get Help After Being Hit by a Vehicle in Louisiana

If you or a loved one has been hit by a vehicle, you do not have to navigate this process alone. Our team of experienced attorneys at MGM here to guide you through your personal injury claim, protect your rights, and pursue the compensation you deserve. Let us take some of the pressure off so you can focus on healing and moving forward.

Contact us today to schedule a consultation and learn your legal options after a vehicle accident.

Understanding Vicarious Liability in Louisiana Car Accidents

Fri, 21 Nov 2025 19:02:04 GMT

When a car accident happens, most people assume one of the drivers involved will be held responsible. But Louisiana law recognizes situations where someone who wasn’t even at the scene of the crash could still be found liable. This legal concept is known as vicarious liability, and it can have a major impact on how fault and compensation are determined after a collision.

If you’ve been injured in a car accident, understanding how vicarious liability works could help you recover the compensation you deserve from all responsible parties.

What Is Vicarious Liability?

Vicarious liability means that one party can be held legally responsible for another person’s actions. In Louisiana, this often applies when an employer, vehicle owner, or other responsible party fails to take reasonable precautions to prevent harm caused by someone acting on their behalf or using their property.

In car accident cases , this principle allows injury victims to seek damages not only from the at-fault driver but also from others who may share responsibility, such as a company that owns the vehicle or an individual who negligently lent it out.

Common Examples of Vicarious Liability in Louisiana

1. When a Car Is Loaned to Another Driver

If you let someone borrow your car, you take on certain legal responsibilities. For example, if you knowingly allow someone who is intoxicated, unlicensed, or habitually reckless to drive your vehicle, you could be held liable under a theory known as negligent entrustment.

In Louisiana, negligent entrustment can make a car owner financially responsible for damages caused by the person driving their vehicle, even if the owner wasn’t present when the crash occurred.

2. When an Employer Allows an Employee to Drive

Employers can also be held responsible for accidents caused by their employees through respondeat superior, another form of vicarious liability. This applies when an employee causes a crash while performing work-related duties such as making deliveries, driving a company vehicle, or traveling for business purposes.

For example, if a trucking company fails to properly train, supervise, or drug test a driver, and that driver causes a serious wreck, the company can be held accountable for its employee’s negligence.

3. When a Vehicle Defect Contributes to the Crash

Sometimes, fault extends beyond the driver or vehicle owner. If a collision is caused by a defective auto part, such as faulty brakes or a tire blowout, the vehicle manufacturer or maintenance provider may share liability under product liability laws.

In these cases, proving vicarious or shared liability requires thorough investigation, expert testimony, and strong legal representation.

How a Louisiana Personal Injury Attorney Can Help

Vicarious liability cases can quickly become complex. Determining who’s legally responsible often requires reviewing insurance policies, employment records, maintenance logs, and more. An experienced Louisiana car accident lawyer can:

Investigate all potential sources of liability
Identify every party that may owe you compensation
Negotiate with insurance companies on your behalf
Pursue full damages for medical bills, lost wages, and pain and suffering

If you’ve been involved in a car accident and believe someone else may share responsibility, even if they weren’t behind the wheel, you don’t have to navigate the legal process alone.

Contact an Experienced Louisiana Attorney

Understanding vicarious liability in Louisiana can make the difference between a partial recovery and receiving the compensation you truly deserve. At MGM Injury Attorneys , our team investigates every angle of your case to hold all negligent parties accountable.

Schedule your free consultation today to discuss your case with an experienced personal injury attorney and learn your legal options for pursuing compensation.

The Most Common Causes of Car Accidents in Louisiana and How a Lawyer Can Help You After a Crash

Tue, 18 Nov 2025 19:35:09 GMT

Getting into a car accident , no matter how minor, can turn your day upside down. In Louisiana, where traffic congestion, unpredictable weather, and distracted driving are everyday realities, understanding the most common causes of crashes can help you stay safer behind the wheel. And if an accident does occur, knowing your legal options can make all the difference in protecting your rights.

Leading Causes of Car Accidents in Louisiana

1. Distracted Driving a Factor in Many Crashes

Distracted driving remains one of the leading causes of car accidents in Louisiana. Texting, eating, adjusting the radio, or interacting with passengers can all take your eyes and attention off the road. According to the National Highway Traffic Safety Administration (NHTSA), more than 3,000 fatalities each year are linked to distracted driving, and that number continues to rise.

Even a two-second glance at your phone doubles your risk of a crash. Louisiana’s hands-free law prohibits holding or using a cellphone while driving, but violations are still common, especially among younger drivers.

2. Speeding and Aggressive Driving Increase Accident Risk

Speeding doesn’t just increase your chances of getting a ticket. It significantly raises the likelihood and severity of collisions. The Louisiana Department of Transportation and Development (DOTD) reports that speeding contributes to thousands of crashes each year, resulting in injuries that could have been prevented . Tailgating, weaving through traffic, and ignoring speed limits in construction zones are all forms of aggressive driving that put everyone at risk.

3. Impaired Driving is a Major Cause of Fatal Accidents

Despite decades of public awareness campaigns, drug-impaired and drunk driving continues to be a major problem across the state. The Louisiana Highway Safety Commission estimates that nearly one in three fatal crashes in Louisiana involves an impaired driver .

Even small amounts of alcohol or prescription medication can affect reaction time and judgment. Drivers who get behind the wheel under the influence face not only criminal penalties but also civil liability if they cause harm.

4. Driver Fatigue Leads to Serious Crashes

Driving while tired can be just as dangerous as driving under the influence. Fatigue slows reaction times, reduces awareness, and can cause drivers to drift into other lanes or miss traffic signals. This issue is especially common among shift workers, truck drivers, and commuters who travel long distances.

5. Hazardous Road and Weather Conditions Increase Crash Risks

Rain, fog, and even poor drainage can make Louisiana roads treacherous. Wet pavement leads to reduced traction and longer braking distances. Combine that with low visibility, and accidents can happen in seconds. In rural areas, narrow roadways and limited lighting also increase crash risks, particularly at night.

What to Do After a Car Accident in Louisiana

Even if you’re not at fault, what you do after a crash can impact your ability to recover compensation. Here’s what to remember:

Check for injuries and call 911 immediately.
Move to safety if possible, without leaving the scene.
Exchange information with other drivers, but avoid admitting fault.
Take photos of the vehicles, road conditions, and any visible injuries.
Contact an experienced car accident lawyer before speaking to insurance adjusters.

An attorney can help you gather evidence, deal with insurance companies, and pursue the compensation you deserve for medical bills, lost wages, and vehicle damage.

Talk to a Louisiana Car Accident Lawyer

Accidents can happen to even the safest drivers. If you’ve been injured in a car accident in Baton Rouge or anywhere in Louisiana, you don’t have to navigate the aftermath alone. The team at MGM Injury Attorneys can help you determine who’s at fault, calculate your damages, and fight for the best possible outcome.

Schedule a free consultation today to learn your rights and get trusted legal guidance after a car accident.

Understanding Whiplash After a Car Accident: What Baton Rouge Drivers Should Know

Fri, 24 Oct 2025 18:52:01 GMT

Editor's note: This post was originally published on February 3, 2022, and has been updated for accuracy and relevance.

A car accident in Baton Rouge can happen in seconds, but the effects can linger for months or even years. One of the most common injuries local drivers experience after a collision is whiplash, a neck injury that can cause severe pain, headaches, and long-term mobility issues.

If you’re suffering from neck pain after a crash in the Baton Rouge area, understanding how whiplash occurs and what your legal options are can make all the difference in your recovery.

What Is Whiplash?

Whiplash is a soft tissue injury to the neck that occurs when the head is suddenly jerked back and forth. This motion often occurs in rear-end collisions, one of the most frequent types of crashes on busy Baton Rouge roadways such as I-10, I-12, and Airline Highway.

When this happens, the muscles, ligaments, and tendons in the neck stretch or tear, leading to pain, stiffness, and other complications. While many people assume whiplash is minor, it can be debilitating without proper treatment.

Common Symptoms of Whiplash

Whiplash symptoms may not appear immediately after the accident . You might feel fine at first, only to wake up a day or two later in pain. Common symptoms include:

· Neck pain and stiffness

Headaches that start at the base of the skull
Dizziness or blurred vision
Shoulder or back pain
Numbness or tingling in the arms or hands
Fatigue or difficulty sleeping
Trouble concentrating or remembering things

Because symptoms can worsen over time, it’s important to get evaluated by a medical professional right away, especially if your accident occurred in a high-speed or multi-vehicle crash.

Diagnosing and Treating Whiplash in Baton Rouge

After a Baton Rouge car accident, your doctor may order imaging tests such as X-rays or MRIs to rule out fractures and evaluate soft tissue damage. Depending on the severity of your whiplash, treatment may include:

Physical therapy and gentle stretching exercises
Prescription or over-the-counter pain medication
Chiropractic adjustments
Massage therapy or heat treatment
Rest and limited neck movement

If you need ongoing medical care, keep copies of your doctor visits, treatment plans, and expenses. These will be important if you decide to file a personal injury claim .

Can You Recover Compensation for Whiplash?

Yes. If your whiplash injury was caused by another driver’s negligence , such as speeding, distracted driving, or following too closely, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.

An experienced Baton Rouge car accident attorney can help by:

Investigating the crash and gathering evidence of fault
Working with medical experts to prove the extent of your injury
Negotiating with insurance companies that may try to undervalue your claim
Filing a lawsuit if a fair settlement isn’t offered

You don’t have to face recovery alone. Legal representation ensures you receive the full amount you deserve for your injuries and future care.

What to Do After a Car Accident in Baton Rouge

After an accident , take these steps to protect your health and your rights:

Seek medical attention immediately. Even if symptoms seem mild, some injuries take days to appear.
Document everything. Take photos of the accident scene, your vehicle, and visible injuries.
Avoid speaking with insurance adjusters before consulting with an attorney.
Contact a Baton Rouge car accident lawyer as soon as possible to discuss your case.

The sooner you take action, the stronger your case for compensation will be.

Speak With a Baton Rouge Personal Injury Attorney Today

If you’re experiencing whiplash or neck pain after a car accident, you may have grounds for a personal injury claim. The team at MGM Injury Attorneys can help you navigate the legal process and pursue the compensation you deserve.

Schedule your free consultation today to discuss your case with an experienced Baton Rouge car accident lawyer.

Where Do Most Car Accidents Occur: A Baton Rouge Attorney Explains

Thu, 23 Oct 2025 18:55:47 GMT

Editor's note: This post was originally published on August, 2021, and has been updated for accuracy and relevance.

Most Baton Rouge drivers will be in at least one crash in their lives. Many are minor, but some cause serious, life-changing harm. Knowing where accidents tend to cluster helps you stay alert and understand your legal options.

High Crash Intersections In Baton Rouge

While car accidents can happen anywhere, certain intersections in Baton Rouge have earned a reputation for frequent collisions. Heavy traffic volume, confusing lane layouts, and driver inattention all contribute to these crash clusters. Knowing which areas pose the greatest risk can help you stay alert and understand the circumstances that may play a role in your accident claim .

Airline Highway and Florida Boulevard

With multiple lanes in each direction, frequent turning movements, and constant congestion, drivers are often in a hurry to make it through the light. Rear-end and side-impact crashes are common here, especially during rush hour or when drivers misjudge yellow lights.

Bluebonnet Boulevard and Perkins Road

Located in one of the busiest commercial corridors in the city, this intersection combines commuter traffic with frequent turns into nearby shopping centers and restaurants. Limited visibility and heavy cross-traffic make it a hotspot for T-bone and left-turn collisions. Many of these accidents involve drivers trying to “beat the light” or misjudging the speed of oncoming vehicles.

Nicholson Drive and West Lee Drive

Just south of the LSU campus, this intersection sees a steady mix of student drivers, cyclists, and through-traffic heading toward downtown or the university. Frequent pedestrian crossings and heavy nighttime traffic add to the danger.

Travel Hazards on Baton Rouge Interstates

Baton Rouge’s interstate corridors and bridges are some of the most hazardous roadways in the region . Heavy congestion and sudden slowdowns, especially during rush hour or poor weather, make these routes especially dangerous for both commuters and long-haul drivers.

I-10 and the Horace Wilkinson Bridge

Stretching across the Mississippi River, the Horace Wilkinson Bridge on I-10 is one of Baton Rouge’s busiest and most congested traffic corridors. Thousands of vehicles cross the bridge daily, including heavy 18-wheeler traffic and out-of-state drivers unfamiliar with local lanes and exits. A combination of limited shoulder space, driver impatience, and sudden slowdowns has made the bridge a hotspot for multi-vehicle rear-end and chain-reaction crashes.

I-10 Through Downtown Baton Rouge

The downtown stretch of I-10 experiences some of the heaviest congestion in Louisiana. During peak hours, the mix of commuters, merging traffic, and lane changes around the I-110 split creates a high potential for collisions. Transportation studies have identified this corridor as a critical safety concern due to lane violations, tailgating, and high-speed variance among vehicles.

I-12 Corridor in East Baton Rouge and Livingston Parishes

Interstate 12, stretching east from Airline Highway into neighboring Livingston Parish, has experienced a steady rise in crash rates over the years. The combination of heavy commuter traffic, commercial trucks, and short merge ramps creates constant challenges for drivers. Congestion often spills back from nearby exit ramps and traffic lights onto the interstate itself, leading to sudden slowdowns and frequent rear-end and side-swipe collisions.

Legal Options After a Serious Car Accident

When an accident occurs at one of these hotspots, the consequences can be severe:

You might face high medical bills, lost wages, long-term rehabilitation, or permanent disability.
The complexity around fault and liability increases in hotspot zones (multiple lanes, traffic signals, turning conflicts).

A skilled Baton Rouge car accident lawyer can:

Investigate crash dynamics at complex intersections or highway segments
Work with accident reconstruction experts
Evaluate negligence or design defects
Negotiate with insurers or litigate if necessary

If you’ve been hurt in a Baton Rouge car accident, don’t wait. Contact the team at MGM Injury Attorneys today to schedule a free consultation and learn how we can help you recover physically and financially.

A Baton Rouge Attorney Explains: Why are Motorcycles Hard to See?

Thu, 25 Sep 2025 18:49:54 GMT

Editor's note: This post was originally published on July 16, 2021, and has been updated for accuracy and relevance.

According to the National Highway Traffic Safety Administration (NHTSA), there are more than 8.6 million registered motorcycles in the U.S. as of 2023. Many Louisiana residents rely on motorcycles for commuting, recreation, and travel.

Despite their popularity, motorcycles are consistently involved in serious accidents . One of the leading causes is simple but deadly: many drivers fail to see them. Understanding why motorcycles are hard to see can help drivers stay alert and help motorcyclists protect themselves.

Motorcycle Accidents Caused by Blind Spots

Blind spots are one of the most dangerous hazards for motorcyclists. Because motorcycles are smaller than cars or trucks, they can easily hide in the area that a driver cannot see with their mirrors alone.

Drivers should always check their blind spots with a quick glance over the shoulder before changing lanes. Failing to do so is one of the most common causes of motorcycle accidents in Baton Rouge and across Louisiana.

Why Drivers Fail to Notice Motorcycles on Louisiana Roads

Another factor is visual recognition. Drivers are conditioned to look for larger vehicles like SUVs, sedans, or trucks. Because motorcycles are less common, drivers may not automatically register them, even when they are in plain sight.

This delayed recognition is sometimes called “inattentional blindness,” where the brain overlooks unexpected objects. For motorcyclists, this means they can be directly in a driver’s line of sight but still go unnoticed until it’s too late.

Why Motorcycle Size and Visibility Increase Crash Risks

The compact design of motorcycles makes them efficient and versatile, but also more difficult to spot. Their small profile allows them to slip behind larger vehicles, disappear into shadows, or blend into busy roadways. Road construction, traffic congestion, or poor weather can make motorcycles even harder to see.

For this reason, riders are encouraged to wear bright or reflective gear, use headlights even during the day, and avoid lingering in another vehicle’s blind spot. Meanwhile, drivers must remain vigilant and scan the road carefully.

Holding Negligent Drivers Accountable After a Motorcycle Accident

Every driver in Louisiana has a duty to operate their vehicle safely and watch for others on the road, including motorcyclists. When a driver fails to notice a motorcycle and causes a crash, they may be held liable for the rider’s injuries and losses.

Motorcycle accidents often result in severe injuries, including broken bones, head trauma, and spinal cord damage. If you or a loved one has been injured in a motorcycle crash, a Baton Rouge motorcycle injury attorney can help you recover compensation for medical bills, lost wages, and pain and suffering.

Speak With a Baton Rouge Motorcycle Accident Lawyer

Motorcycles may be harder to see, but that does not excuse careless driving. If you’ve been hurt in a motorcycle accident in Baton Rouge or anywhere in Louisiana, the team at MGM Injury Attorneys is here to help.

We fight for injured riders and their families to make sure negligent drivers are held accountable. Contact us today for a free consultation and learn more about your legal rights.

Steps to Take After a Concussion: Guidance from a Baton Rouge Personal Injury Attorney

Tue, 23 Sep 2025 18:43:02 GMT

Editor's note: This post was originally published on July 13, 2021, and has been updated for accuracy and relevance.

Any type of brain injury has the potential to turn your life upside down. A concussion may seem minor at first, but it is still a traumatic brain injury (TBI) that requires medical attention and careful recovery. If you or a loved one has suffered a concussion in Baton Rouge or anywhere in Louisiana, knowing what to do next is crucial for both your health and your legal rights.

What Is a Concussion?

A concussion is caused by a bump, blow, or jolt to the head that disrupts normal brain function. While many concussions resolve with proper treatment, symptoms can linger for weeks or even months. Common signs include:

Headache or pressure in the head
Dizziness or balance problems
Nausea or vomiting
Sensitivity to light or noise
Difficulty concentrating or remembering things
Changes in mood or sleep patterns

If you experience any of these symptoms after an accident, see a doctor immediately.

Get a FREE Case Evaluation

Steps to Take After a Concussion

1. Seek Immediate Medical Care

Never ignore a potential brain injury. Even if you think your concussion is mild, only a healthcare provider can determine the seriousness of your condition and recommend a treatment plan.

2. Follow Your Doctor’s Instructions

Recovery often requires rest, limited screen time, and gradually returning to normal activities. Avoid physical exertion and sports until cleared by your physician to prevent further injury.

3. Prioritize Rest and Healing

Sleep is essential for recovery. Schedule downtime during the day, avoid overexertion, and pay attention to your body’s signals.

4. Avoid Certain Activities and Medications

Stay away from alcohol, recreational drugs, and unapproved medications, as they can interfere with healing. Only take medicine prescribed or cleared by your doctor.

5. Monitor Your Symptoms Closely

Keep track of your progress and notify your healthcare team if symptoms worsen. Returning to normal routines too quickly can set back recovery.

When a Concussion Is Caused by an Accident

Many concussions in Baton Rouge result from car accidents , workplace incidents, sports injuries, or slip-and-fall accidents. If someone else’s negligence caused your injury, such as a reckless driver, you may be entitled to compensation for medical expenses, lost wages, and long-term care needs.

Protect Your Rights With a Personal Injury Attorney

Recovering from a concussion can be expensive and stressful. An experienced Baton Rouge personal injury attorney can:

Investigate your accident and determine liability
Work with medical experts to calculate the true cost of your injury
Negotiate with insurance companies that may undervalue your claim
File a lawsuit and represent you in court if necessary

Talk to a Baton Rouge Concussion Attorney Today

A concussion is a serious brain injury that should never be ignored. By taking the right medical and legal steps, you can protect your health and your future.

If you or a loved one has suffered a concussion in Baton Rouge or anywhere in Louisiana, contact MGM Injury Attorneys today. Our team is here to help you recover physically, financially, and emotionally.

Traumatic Brain Injury and Memory Loss: Protecting Your Rights After a Head Injury

Wed, 27 Aug 2025 18:39:05 GMT

Editor's note: This post was originally published on June 22, 2021, and has been updated for accuracy and relevance.

A traumatic brain injury (TBI) can alter the course of your life in a matter of seconds. Beyond the initial physical trauma, one of the most common and most disruptive effects is memory loss. This cognitive impairment can make it difficult to keep a job, maintain personal and professional relationships, manage daily responsibilities, and live with the same level of independence you once had.

For many TBI survivors, memory loss is not just forgetting names or misplacing items; it can mean losing the ability to remember conversations, important appointments, or even the details of the accident that caused the injury. These changes often require significant lifestyle adjustments, ongoing medical care, and emotional support.

How Memory Loss After a TBI Can Affect Your Case

Memory problems after a traumatic brain injury are not just frustrating or inconvenient; they can reshape every aspect of your personal, professional, and financial future. They also play a critical role in how your legal case is built and the compensation you may receive.

Documenting the Injury

Memory loss can be difficult to prove without thorough medical evidence. That’s why we work closely with neurologists, neuropsychologists, and rehabilitation specialists to perform in-depth cognitive testing. These evaluations measure your ability to recall events, retain new information, and carry out daily activities. Detailed medical records and expert testimony help establish the severity of your condition and its connection to the accident, creating a strong foundation for your claim.

Proving Negligence

One of the biggest challenges TBI victims face is being unable to recall the events leading to their injury. If you cannot remember key details of the accident, we step in to fill those gaps. Our legal team gathers witness statements, analyzes accident reports, secures surveillance footage, and, when necessary, brings in accident reconstruction experts. These resources allow us to paint a clear, factual picture of what happened, even if you can’t provide that account yourself.

Calculating Damages

Memory loss can impact your ability to work, manage finances, and care for yourself, sometimes permanently. We factor in all related costs, including:

Ongoing medical treatment such as cognitive therapy or neurology follow-ups.
Vocational rehabilitation to help you retrain for a new career if your previous work is no longer possible.
Assistive technology like reminder devices, organizational apps, or in-home support services to help with daily tasks.
Long-term care if your condition requires permanent assistance.

By fully documenting these needs, we ensure your claim reflects not just your current expenses but also the lifetime financial impact of your injury.

Time Limits for Filing an Injury Claim in Louisiana

In most Louisiana personal injury cases , you have two years from the date of the accident to file a lawsuit. Missing this deadline could mean losing your right to compensation. If you or a loved one has suffered a TBI, it’s critical to speak with a lawyer immediately.

Memory loss after a traumatic brain injury can make it harder to tell your story, but we’re here to make sure it’s heard. Contact MGM Attorneys in Baton Rouge for a free consultation. We’ll listen, investigate, and fight for the maximum compensation you deserve.

Rehab After a Traumatic Brain Injury: A Baton Rouge Personal Injury Firm Explains Your Options for Care

Wed, 27 Aug 2025 17:57:06 GMT

Editor's note: This post was originally published on June 30, 2021 and has been updated for accuracy and relevance.

If you or a loved one has suffered a traumatic brain injury (TBI) in a motor vehicle accident in Baton Rouge or a surrounding area, you already know how life-changing it can be. Recovery often involves more than just medical treatment. It can mean months or years of rehabilitation, mounting medical bills, and a sudden loss of income.

The High Cost of TBI Recovery and Who Should Pay for It

Rehabilitation after a traumatic brain injury is rarely simple, quick, or inexpensive. For many accident victims, recovery means a complete overhaul of daily life. The bills can pile up faster than you ever imagined. This is not just a single doctor’s visit or a short course of physical therapy. It is a sustained, often years-long journey requiring a team of professionals and a wide range of resources, including:

Specialist consultations with neurologists, neuropsychologists, and neurosurgeons who diagnose the extent of the injury, monitor brain function, and recommend treatment plans. These visits alone can cost hundreds to thousands of dollars each.
Therapies such as physical, occupational, cognitive, and speech therapy, often several times per week. These services are essential for regaining mobility, relearning skills, and improving communication. They can also cost thousands of dollars every month.
Assistive technology and adaptive equipment like wheelchairs, mobility aids, communication devices, and home modifications. These tools are critical for restoring independence and quality of life, but can require a significant financial investment.
Long-term care or in-home support for individuals who cannot return to full independence. This may include live-in caregivers, skilled nursing care, or assisted living arrangements. These services can cost tens of thousands of dollars per year.

The financial strain of a TBI is made worse when the injury was caused by another driver’s negligence. You should not have to choose between getting the care you need and keeping your family financially stable. That responsibility should fall on the at-fault party and their insurance company, not on you or your loved ones.

Protect Your Right to Compensation With an Experienced TBI Attorney

Louisiana law gives you the right to pursue damages from the negligent party whose actions caused your injury. However, strict deadlines, known as statutes of limitations, mean you must act quickly to preserve your claim. The sooner you contact an attorney, the sooner evidence can be collected and your case can move forward.

At MGM Injury Attorneys, we understand that traumatic brain injury claims aren’t like typical accident cases. They require an understanding of the full scope of damages, from immediate medical bills to reduced earning potential years down the road. When you hire MGM Attorneys, we immediately:

Investigate the accident to establish clear liability and hold the responsible parties accountable
Gather evidence and expert testimony to prove the extent of your injuries
Recover medical expenses paid out of your own pocket for care related to your injury
Work closely with medical experts, life care planners, and financial professionals to determine the costs of ongoing and future care
Negotiate aggressively with insurance companies that may try to undervalue your claim
Prepare for trial if a fair settlement isn’t offered

If you or a loved one suffered a traumatic brain injury in a Baton Rouge car accident, don’t wait. Contact MGM Attorneys today for a free consultation. We’ll fight for the resources you need to rebuild your life.

Traumatic Brain Injury: How It Can Impact Key Areas of Your Life

Mon, 25 Aug 2025 18:25:02 GMT

Editor's note: This post was originally published on June 15, 2021, and has been updated for accuracy and relevance.

If you or a loved one has suffered a traumatic brain injury (TBI) in Baton Rouge or anywhere in Louisiana, seeking immediate medical attention is critical to your recovery and long-term health. TBIs are not always immediately visible or apparent. In some cases, symptoms may develop hours or even days after the initial injury. A prompt evaluation from a qualified medical professional can help identify the severity of the injury and prevent further complications.

Understanding how a TBI can affect your future is just as important as getting the right medical treatment. These injuries can impact your ability to work, care for yourself, and maintain relationships. In severe cases, they may lead to permanent disability or require lifelong care.

What Is a Traumatic Brain Injury?

A traumatic brain injury occurs when a sudden impact, jolt, or penetrating injury disrupts normal brain function. TBIs range from mild concussions to severe injuries that cause permanent disability. Common causes include:

· Motor vehicle accidents , such as car, truck, or motorcycle crashes

· Slip and fall accidents in public or private spaces

· Workplace incidents , particularly in construction or industrial settings

· Sports injuries, from both contact and non-contact activities

· Acts of violence, such as assaults or gunshot wounds

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Major Areas of Life Impacted by a TBI

1. Movement and Physical Abilities

A TBI can affect your body’s ability to move, balance, and coordinate. You may experience:

Loss of strength in certain muscle groups
Problems with balance and coordination
Difficulty walking or performing daily tasks

These challenges can make returning to work or daily activities more difficult. They may also require long-term physical therapy.

2. Cognitive Function and Thinking Skills

Brain injuries often affect mental processes, such as:

Memory and concentration
Decision-making and judgment
Problem-solving and reasoning
Emotional regulation and mood stability

This can interfere with your ability to manage finances, maintain employment, or carry out basic daily responsibilities.

3. Sensory and Perceptual Abilities

Damage to certain parts of the brain can cause sensory changes, including:

Blurred vision or partial loss of sight
Tinnitus (ringing in the ears) or hearing loss
Changes in touch or temperature perception

These sensory impairments may affect both safety and quality of life.

4. Behavioral and Emotional Side Effects

Depending on the severity and location of the injury, TBIs can also lead to changes in personality and behavior, such as:

Aggression or irritability
Depression and anxiety
Agitation or emotional instability

These symptoms can place strain on personal relationships and make it harder to adapt to post-injury life.

The Importance of Medical and Legal Support for Severe Head Traumas

If a doctor suspects a TBI, they may order diagnostic tests such as MRI or CT scans to assess the extent of the damage. From there, a tailored treatment plan that includes rehabilitation, therapy, and follow-up care can begin.

Even with the best available treatment, the effects of a TBI can be long-lasting and life-changing. Survivors may face months or years of rehabilitation, ongoing therapy, and significant medical expenses. That is why it is essential to not only focus on healing but also to protect your legal rights if the injury was caused by someone else’s negligence or wrongdoing. Medical bills, lost income, and long-term care costs can be overwhelming. An experienced Baton Rouge personal injury attorney can help you:

Determine who is legally responsible for your injury
Pursue compensation for medical expenses, lost wages, and pain and suffering
Protect your rights throughout the claims process

Contact a Baton Rouge Traumatic Brain Injury Lawyer

MGM Injury Attorneys has extensive experience representing individuals and families affected by TBIs in Louisiana. We understand the medical, emotional, and financial toll these injuries take, and we fight to secure the compensation you deserve.

Contact us today for a free consultation to discuss your case and learn about your legal options.

Baton Rouge Traumatic Brain Injury Attorney: Understanding Injuries From Car Accidents

Mon, 25 Aug 2025 18:23:39 GMT

Editor's note: This post was originally published on May 31, 2021 and has been updated for accuracy and relevance.

Auto accidents in Baton Rouge can result in a range of injuries, from minor bruises to severe, life-changing conditions. While broken bones and soft tissue injuries often heal over time, traumatic brain injuries (TBIs) can cause lasting, sometimes permanent, effects.

Because the brain controls movement, speech, emotions, memory, and decision-making, any injury to it can impact nearly every aspect of daily life. For victims and their families, understanding the severity of TBIs, especially when caused by auto accidents, is the first step toward recovery.

What Makes a Brain Injury Catastrophic?

A catastrophic injury is one that permanently alters a person’s quality of life or ability to work. Traumatic brain injuries fall into this category because:

They can cause irreversible damage to brain tissue.
Victims may require lifelong medical care or assistive devices.
They often impair a person’s ability to earn an income.
Emotional and behavioral changes can strain family relationships and social life.

When a TBI is catastrophic, securing full and fair compensation is critical, not just for today’s expenses, but for the costs you’ll face for years to come.

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Common Complications of Traumatic Brain Injuries

Traumatic brain injuries can affect nearly every part of life. The most common complications include:

Physical issues such as seizures, chronic headaches, dizziness, numbness, or sensory loss (hearing, vision, taste, or smell).
Cognitive impairments like memory loss , poor judgment, and difficulty with problem-solving or decision-making.
Communication struggles including trouble reading, writing, or following conversations.
Behavioral changes such as impulsivity, lack of self-control, or unawareness of limitations.
Emotional challenges like depression, anxiety, mood swings, or insomnia.

How a Baton Rouge TBI Attorney Builds Your Case

A skilled Baton Rouge traumatic brain injury lawyer can make a critical difference in the outcome of your claim. The process typically involves:

Collecting Evidence – Medical records, accident reports, witness statements, and expert evaluations.
Working with Medical Specialists – Neurologists and rehabilitation experts can help document the full scope of your injury.
Calculating Damages – Including current and future medical costs, lost wages, and non-economic losses.
Negotiating with Insurance Companies – To reach a fair settlement without undervaluing your claim.
Litigation if Necessary – Taking your case to trial when settlement offers don’t reflect your true losses.

Why You Need a Baton Rouge Traumatic Brain Injury Lawyer

Recovering from a TBI often involves months or years of treatment, lost income, and permanent lifestyle changes. If another driver’s negligence caused your injury , you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and future care needs.

An experienced attorney will fight to ensure you are not pressured into an unfair settlement and will work tirelessly to protect your future.

FAQ: Traumatic Brain Injuries from Auto Accidents in Baton Rouge

 How long do I have to file a TBI claim in Louisiana?
In Louisiana, the statute of limitations for personal injury cases, including TBIs, is generally two years from the date of the accident. Missing this deadline can result in losing your right to compensation.

What is my traumatic brain injury case worth?
The value depends on factors such as medical expenses, lost wages, long-term care needs, and pain and suffering. Severe or catastrophic TBIs typically result in higher settlements or verdicts.

Will my TBI case go to trial?
Many cases settle out of court, but if the insurance company refuses to offer fair compensation, your attorney may recommend going to trial.

Can I recover damages if I was partially at fault for the accident?
Yes. Under Louisiana’s comparative fault rules, your compensation may be reduced by your percentage of fault, but you may still be able to recover some damages.

Do I need a lawyer for a TBI claim?
Yes. TBIs are complex, both medically and legally. A lawyer can gather evidence, work with experts, and negotiate aggressively with insurers to protect your rights.

Get Legal Help After a Traumatic Brain Injury in Baton Rouge

If you or a loved one has suffered a catastrophic brain injury in a Baton Rouge auto accident , you do not have to face the legal and financial challenges alone. Contact MGM Injury Attorneys today for a free consultation.

Understanding Louisiana’s Medical Review Panel Process: What Every Malpractice Victim Should Know

Mon, 30 Jun 2025 16:15:43 GMT

If you’ve been injured by a medical professional in Louisiana , filing a lawsuit isn’t your first step. Before you can bring most medical malpractice claims to court, you must go through something called the Medical Review Panel (MRP) process—a legal hurdle that can feel confusing, frustrating, and stacked against the patient.

So what is a Medical Review Panel? Why does it matter? And how can you prepare for what’s ahead?

Here’s a breakdown of how the process works—and how an experienced Louisiana malpractice attorne y can help guide you through it.

What Is a Medical Review Panel in Louisiana?

In Louisiana, most medical malpractice claims must first go through a Medical Review Panel (MRP) before a lawsuit can be filed in court. This process is a unique legal requirement designed to filter out unfounded claims and offer an expert medical opinion early in the case.

The panel consists of three licensed healthcare professionals—typically in the same or a similar specialty as the provider in question—and one attorney, who serves as a non-voting chairperson to manage the process and ensure legal procedures are followed.

The panel’s job is not to determine fault in the legal sense or assign a dollar amount in damages. Their sole purpose is to review the evidence and provide a written opinion on whether the healthcare provider’s actions did or did not meet the accepted standard of care , or the baseline level of skill, attention, and decision-making that a reasonably competent provider would have used under the same circumstances.

While the panel’s opinion is not binding, it can carry significant weight in court. A favorable opinion can strengthen a patient’s claim and potentially lead to a faster settlement, while an unfavorable opinion may create additional legal hurdles (though it doesn’t prevent you from filing suit).

When Is a Medical Review Panel Required?

Louisiana law (La. R.S. 40:1231.8) requires an MRP in nearly all medical malpractice claims involving:

Doctors
Hospitals
Nurses
Nursing homes
Other licensed medical professionals

The panel is mandatory unless the defendant waives the requirement—something that rarely happens.

How Long Does the Medical Review Panel Process Take?

The Medical Review Panel process in Louisiana is not a quick one. On average, it takes six months to over a year, depending on the complexity of the case, the number of defendants involved, and how efficiently medical records and evidence are gathered and reviewed.

Several factors can slow the process down:

Delays in obtaining complete medical records
Difficulty securing qualified panel members in the appropriate specialty
Scheduling conflicts among panelists and attorneys
The need for expert witness reports or additional documentation

During this time, the statute of limitations (also known as the prescriptive period) is paused, meaning the clock temporarily stops on the one-year deadline you would normally have to file a lawsuit. However, once the panel process is completed and the opinion is issued, the clock starts ticking again, so timing remains critical.

What Happens After the Panel Issues Its Opinion?

Once the panel gives its written opinion:

If the panel finds no malpractice, you can still file a lawsuit —but you’ll face an uphill battle in court.
If the panel finds in favor of the patient, it strengthens your case and can lead to a favorable settlement or court judgment.

It’s important to understand:
The panel’s opinion is not binding, but it can be used as evidence in court.

Why You Need an Experienced Malpractice Attorney Early in the Process

Louisiana’s Medical Review Panel process often feels tilted in favor of healthcare providers. All voting members are medical professionals, usually peers of the provider being reviewed. The patient, meanwhile, bears the burden of proof.

That’s why having an experienced malpractice attorney is essential. A lawyer can:

Gather and present strong medical evidence
Work with outside experts
Navigate deadlines and panel procedures
Prepare your case for court if needed

Without legal guidance, it’s easy to miss key steps or your opportunity for justice.

If you believe you or a loved one has suffered due to medical negligence, the first step is speaking with an attorney who understands the system and knows how to build a strong case from the start.

At MGM Injury Attorneys , we help Louisiana patients hold negligent providers accountable. Contact us today for a free consultation .

Common Surgical Errors That Lead to Malpractice Lawsuits in Louisiana

Fri, 27 Jun 2025 15:05:10 GMT

Surgery is meant to heal—not harm—but when something goes wrong in the operating room, the results can be devastating. Patients trust their surgical team to follow protocols and act with care. But preventable mistakes still happen, and they’re more common than most people realize.

These aren’t rare complications; they’re serious errors caused by lapses in judgment, poor communication, or negligence. The consequences can include permanent injury, chronic pain, or the need for additional surgery.

Not every bad outcome is malpractice , but if a surgeon fails to meet the standard of care and causes harm, you may have a legal case. Understanding what qualifies as a surgical error in Louisiana is the first step. Below are some of the most common surgical mistakes that lead to malpractice lawsuits.

1. Wrong-Site Surgery

Wrong-site surgery—operating on the wrong body part—is one of the most shocking and avoidable medical errors. Despite protocols like confirming patient identity, marking the surgical site, and taking a pre-op time-out to verify details with the surgical team, these mistakes still happen due to rushed procedures, miscommunication, or staff turnover.

Whether it’s operating on the wrong limb or removing a healthy organ, these errors are never medically justified and can cause lasting physical and emotional harm. In most cases, wrong-site surgery is a clear act of negligence .

2. Foreign Objects Left Inside the Body

It may sound like a TV drama, but leaving surgical items—like sponges, clamps, or tools—inside a patient’s body is a real and surprisingly common error. Patients often don’t realize what’s happened until days, weeks, or even months later , when they begin experiencing unexplained pain, swelling, fever, or signs of infection.

This type of error is almost always considered clear-cut medical negligence. Hospitals and surgical teams are required to follow strict protocols for counting instruments and materials before, during, and after surgery. Failure to do so is an inexcusable breach of duty.

In legal terms, this is often referred to as a “ never event ” —a term used in healthcare to describe mistakes that are so preventable, they should never happen under any circumstances. As a result, malpractice claims involving retained foreign objects are typically strong cases with a high chance of success, especially when documentation and expert testimony confirm the oversight.

3. Anesthesia Errors

Anesthesia is one of the riskiest parts of surgery, requiring extreme precision. While the surgeon operates, the anesthesiologist is responsible for keeping the patient unconscious, stable, and safe. When mistakes happen—whether it’s the wrong dosage, poor monitoring, or a delayed response—the consequences can be severe or even fatal.

Too much anesthesia can cause brain damage or death; too little can lead to anesthesia awareness, where the patient wakes up during surgery but can’t move or speak. These errors can also result in strokes, heart attacks, nerve damage, or long-term psychological trauma.

Because of the high risk, anesthesiologists are held to a strict standard of care . When that standard is breached, it may be considered clear medical negligence.

4. Unnecessary Surgery

Not all surgeries are medically necessary, and when one is performed without clear justification, it can cause serious harm. Unnecessary procedures may result from misdiagnosis, poor judgment, failure to try less invasive treatments, or even financial pressure.

These surgeries expose patients to avoidable risks like infection, internal damage, and long-term pain. Common examples include removing healthy organs, performing spine surgery for minor pain, or recommending joint replacements without exploring other options.

Beyond the physical impact, patients often feel betrayed or traumatized after enduring a procedure they never truly needed. In such cases, unnecessary surgery may be grounds for a malpractice claim.

When a Surgical Error Becomes a Legal Case

Not every bad surgical outcome is malpractice, but when a surgeon or hospital fails to meet the accepted standard of care and it results in harm, you may have legal grounds for compensation.

A successful medical malpractice lawsuit can help cover:

Medical bills and ongoing care
Lost wages or earning potential
Pain and suffering
Disability or disfigurement

Talk to a Louisiana Medical Malpractice Attorney Today

If you suspect a surgical error caused your injury or a loved one’s suffering, don’t wait. These cases are complex, and in Louisiana, you typically have just one year to file a medical malpractice claim .

At MGM Injury Attorneys , we’ve helped patients across Louisiana hold negligent providers accountable. We’re here to listen, investigate, and fight for the compensation you deserve.

When Is It Time to File a Malpractice Suit in Louisiana?

Sat, 31 May 2025 12:30:01 GMT

When it comes to medical malpractice in Louisiana , timing isn't just important — it can determine whether or not you have a case at all. Louisiana law imposes a narrow window for filing a claim, making early action absolutely essential.

Whether your injury stems from a misdiagnosis, surgical error, or anesthesia mistake, waiting too long could mean losing your legal right to seek compensation — even if the malpractice is clear and the damage irreversible.

Louisiana’s Medical Malpractice Deadline

Louisiana has one of the strictest statutes of limitations on medical malpractice time limits in the country. Generally, you must file a claim:

Within 1 year from the date the malpractice occurred or was discovered
No later than 3 years from the actual date of the incident, even if it was undiscovered

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What to Do If You Suspect Medical Malpractice in Louisiana

If you’ve faced unexpected complications after receiving treatment , a decline in your condition, or felt ignored by your healthcare provider, don’t dismiss your concerns — they could point to medical malpractice. Even if you're unsure whether you have a valid claim, it’s essential to take early steps to protect your rights.

1. Prioritize Your Health

Before anything else, seek appropriate medical care from a different provider. Getting a second opinion can:

Help correct the harm or misdiagnosis
Create a documented record of the original provider’s error
Provide an unbiased medical assessment of what went wrong

2. Request Your Medical Records Immediately

Your medical records are foundational to any malpractice case. These documents can show timelines, test results, and deviations from the standard of care . Under federal law, you have the right to access them — and you should do so before anything is altered or lost.

Request records from:

The hospital or clinic where the treatment occurred
Any specialists or labs involved in your care

3. Document Everything

Start a written log detailing:

Dates and descriptions of your treatments
Symptoms and complications you’ve experienced
Conversations with medical providers
Bills, prescriptions, and insurance records

This timeline can be invaluable when building your legal claim and proving damages.

4. Don’t Talk to the Insurance Company Without Legal Advice

Healthcare providers and their insurers may reach out early — sometimes even before you file a complaint. They may offer a settlement or try to get you to make a recorded statement. Do not engage without legal counsel.

These conversations are often used to:

Shift blame to the patient
Minimize the severity of the harm
Undermine your credibility

5. Speak to a Medical Malpractice Attorney as Soon as Possible

In Louisiana, the statute of limitations for filing a malpractice claim is just one year from the date of discovery — and never more than three years from the act itself, regardless of when you found out. Waiting too long can permanently bar you from filing a lawsuit.

An experienced malpractice attorney can:

Review your records for signs of negligence
Consult with medical experts to build your case
File your complaint with the Medical Review Panel

File Your Malpractice Suit Early to Strengthen Your Case

Taking prompt action in a medical malpractice case isn’t just about meeting legal deadlines — it can be the key to building a strong, successful case. The earlier you get started, the better positioned you and your attorney are to collect vital evidence, control the narrative, and fight for the full compensation you deserve under Louisiana law.

Healthcare providers and their insurers do not wait to protect themselves. The moment a potential incident occurs, internal investigations often begin. Risk management teams and defense attorneys move fast to gather records, interview staff, and craft a strategy, often focused on shifting blame to the patient.

Don’t delay filing your claim any longer. Reach out to MGM Injury Attorneys to determine if you have a strong case for medical malpractice. Our team of experts will help navigate your options and pursue the compensation you deserve.

Medical Malpractice in Louisiana: What’s the Difference Between Negligence and Malpractice?

Thu, 29 May 2025 14:25:43 GMT

When a healthcare provider makes a mistake, the consequences can be devastating. But not every medical error is legally considered malpractice . In Louisiana, the distinction between negligence and medical malpractice can affect your ability to file a claim, what you need to prove, and how much compensation you may receive. Understanding this difference is crucial if you or a loved one has suffered harm due to a healthcare provider’s actions.

What Is Considered Negligence in Louisiana?

Negligence refers to a general failure to exercise reasonable care. In the context of healthcare, this could mean a provider made a mistake that another reasonable provider might have avoided, even if they weren’t acting with intentional harm or gross incompetence. It can stem from a broad range of actions or omissions, often related to inattentiveness, miscommunication, or failure to follow established procedures.

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What Is Medical Malpractice?

Medical malpractice is a specific type of negligence committed by licensed healthcare professionals. It goes beyond mere error—malpractice involves a violation of the professional standard of care that another provider in the same field and circumstances would have upheld, resulting in injury or harm to the patient.

Key Elements to Prove in Medical Malpractice Claims:

To establish a malpractice claim in Louisiana , the plaintiff must prove:

A provider–patient relationship existed.
The provider owed a duty to meet a recognized standard of care within their medical specialty.
There was a breach of that standard.
The breach directly caused injury or worsened a medical condition .
The patient suffered measurable damages as a result.

Unlike general negligence claims, expert testimony is almost always required in malpractice cases. Courts rely on licensed medical professionals to explain what the standard of care was and how the defendant’s actions fell short.

Differences Between Negligence and Malpractice Cases in Louisiana

Louisiana law treats medical negligence and medical malpractice differently—not just in theory, but in how each type of claim must be handled. If you’re pursuing legal action after a medical injury , understanding these distinctions is critical.

1. Scope of Liability

One of the most important legal differences lies in who can be held accountable:

Medical malpractice claims can only be brought against qualified healthcare providers as defined under Louisiana’s Medical Malpractice Act. This includes doctors, surgeons, nurses, dentists, and certain healthcare facilities that have registered with the state’s Patient Compensation Fund.
General negligence claims are broader. They may involve situations like hospital administrative errors, inadequate facility maintenance, or actions by unlicensed staff where the professional standard of care doesn’t apply.

For example, if a hospital’s IT system fails to deliver lab results due to a software error, causing delayed treatment, this may be categorized as general negligence—not malpractice.

2. Statute of Limitations

Louisiana has one of the strictest deadlines in the country for filing malpractice claims:

A medical malpractice lawsuit must be filed within one year from the date the injury was discovered or should have reasonably been discovered.
No more than three years from the date of injury applies, even if the harm wasn't immediately known.
General negligence claims typically follow similar timelines, but without the same procedural hurdles—giving plaintiffs slightly more flexibility in some instances.

3. Medical Review Panel Requirement

Before a malpractice case can move forward in court, Louisiana law requires it to be reviewed by a medical review panel. This is a unique pre-litigation step where:

A panel of three licensed healthcare professionals evaluates the evidence.
The panel determines whether the standard of care was breached.
Their findings are not binding, but they carry weight in court.

This step does not apply to general negligence claims, which can proceed directly to litigation.

4. Damage Caps

In malpractice cases, compensation is limited by law:

Non-economic and economic damages are capped at $500,000, excluding future medical care and related costs.
The cap does not apply to negligence claims outside the scope of Louisiana’s malpractice statute.

While the terms are often used interchangeably, negligence and medical malpractice are not the same under Louisiana law. Failing to correctly identify and file the right type of claim can result in lost compensation, case dismissal, or the inability to pursue justice at all. If you suspect either, don’t leave your health—or your future—to chance. Contact an experienced Louisiana medical malpractice attorney to protect your rights and pursue the compensation you deserve.

Medical Malpractice Lawsuits in Louisiana: Who Has the Legal Right to File Suit?

Tue, 29 Apr 2025 21:23:37 GMT

At MGM Injury Attorneys , we understand the pain and frustration that follow when trusted medical professionals fail to meet the standard of care . If you or a loved one has been harmed by medical negligence in Louisiana, it's essential to understand who has the legal right to file a medical malpractice claim—and how to do it the right way. Here’s what you need to know about filing a malpractice suit in Louisiana .

Understanding Medical Malpractice In Louisiana

Medical malpractice occurs when a healthcare provider—such as a doctor, nurse, or hospital—fails to provide proper treatment, leading to harm or death. Examples include:

Misdiagnosis or failure to diagnose
Surgical errors or anesthesia complications
Birth injuries
Medication mistakes
Failure to explain risks or obtain informed consent

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Who Can File a Malpractice Claim in Louisiana?

You must file under one of these categories to file suit in Louisiana:

1. Injured Patients

If you’re the one who received negligent treatment and suffered harm as a result, you have the most direct standing to file a claim. Whether the damage was short-term or permanent, you can pursue compensation for:

Medical bills
Lost income
Future care needs
Pain and emotional distress

2. Parents or Legal Guardians of Minors

When the injured person is a minor (under 18), Louisiana law allows a parent or court-appointed guardian to file on the child’s behalf. In these cases, damages may be claimed for both:

The child’s physical and emotional injury
Financial losses or burdens placed on the family

It's important to note that minors may also have extended time to file after reaching adulthood, depending on the circumstances.

3. Legal Representatives for Incapacitated Adults

If a patient is unable to make legal decisions due to physical or mental incapacity—such as being in a coma or living with dementia—a legally recognized representative may file the claim. This could include:

A court-appointed legal guardian
A medical power of attorney holder
A family member with durable power of attorney

Our team can guide you through obtaining the necessary legal authority to file on a loved one’s behalf.

4. Surviving Family Members in Wrongful Death Cases

If malpractice leads to death , Louisiana law allows certain surviving family members to file a wrongful death lawsuit. The legal order of priority is:

Surviving spouse and children
If none, surviving parents
If none, surviving siblings
If none, surviving grandparents

Other relatives or unrelated parties—such as fiancés or longtime partners—typically do not have standing unless legally adopted or appointed.

In a wrongful death suit, the plaintiff may seek damages for:

Funeral and burial costs
Loss of companionship or support
Emotional suffering
Lost household income

Why Legal Standing Matters in Medical Malpractice Claims

Not everyone affected by a medical mistake has the legal right to sue. Louisiana law is clear about who qualifies, and only those with legal standing—meaning a recognized right to bring the claim—can proceed with a medical malpractice case. Filing without proper standing can result in case dismissal and lost opportunities for compensation, even if malpractice clearly occurred.

Get Legal Help for a Medical Malpractice Claim in Louisiana

Medical malpractice cases in Louisiana are legally and emotionally complex. Your ability to file a claim depends on your relationship to the patient, the nature of the injury, and how much time has passed since the alleged negligence occurred. Knowing who can file—and when—is essential to protecting your rights and securing the compensation you deserve.

Because Louisiana has some of the strictest deadlines in the country, time is not on your side. Acting quickly can mean the difference between a dismissed claim and a successful recovery.

At MGM Injury Attorneys, we bring years of experience handling complex medical malpractice cases across Baton Rouge and throughout Louisiana. We understand the nuances of state law, the challenges families face, and how to build strong cases that stand up to hospitals and insurers.

If you or someone you love has been harmed by medical negligence, don’t wait. Contact us today for a free case review . We’re here to help you understand your legal options—and fight for the justice you and your family deserve.

Filing a Medical Malpractice Claim in Louisiana: What is the Statute of Limitations?

Mon, 28 Apr 2025 22:02:40 GMT

When you or a loved one has suffered due to medical negligence, you deserve answers — and, potentially, justice. But in Louisiana, there's a ticking clock that could prevent you from ever filing a claim: the statute of limitations. This statute governs how long you have to file a medical malpractice claim . Missing this deadline can mean losing your right to pursue compensation, regardless of the strength of your case.

What Is Louisiana’s Medical Malpractice Statute of Limitations?

When it comes to medical malpractice, Louisiana enforces some of the strictest time limits in the country. These deadlines, known as the statute of limitations , determine how long a victim has to file a claim after suffering harm due to a healthcare provider's negligence.

In Louisiana, the medical malpractice statute of limitations is twofold:

One year from the date the malpractice occurred or from the date the injury was discovered or should have reasonably been discovered
No more than three years from the actual date the malpractice happened — regardless of when it was discovered

This combination of rules creates a narrow window for legal action. Even if the effects of malpractice are not immediately apparent, all claims are permanently barred after three years from the original date of the negligent act.

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Exceptions to Louisiana’s Medical Malpractice Time Limits

Although Louisiana's deadlines are strict, there are a few exceptions that may give victims more time to file:

Minors and Medical Malpractice Claims: If the victim of medical malpractice is a child, the statute of limitations may not begin until the child turns 18. However, this depends on the specific circumstances and medical context.
Mental Incapacity and Tolling the Deadline: If the injured party is mentally incapacitated at the time of the incident or becomes so after, courts may pause (or "toll") the statute of limitations until the individual regains the ability to understand and act on their legal rights.
Fraud or Concealment by Providers: If a healthcare provider intentionally hides or lies about the malpractice, the timeline to file a claim may be extended. However, proving fraudulent concealment requires substantial evidence.
How the Discovery Rule Works in Louisiana: Louisiana allows for a claim to be filed within one year of discovering the harm — but only if it can be shown that the injury could not have been reasonably discovered earlier. Still, even with the discovery rule, the three-year cap cannot be exceeded.

These exceptions are highly specific and often misunderstood, which is why early legal consultation is so critical. Missing a deadline — even by a few days — can result in losing the right to recover any damages.

Why Filing Early in a Malpractice Case Matters

Louisiana's strict statute of limitations makes timing one of the most critical factors in a medical malpractice claim. Whether the harm stems from a delayed diagnosis , a surgical error, or a medication mistake, the window to take legal action is narrow — and waiting too long can cost you your case.

Many injuries caused by medical negligence aren't immediately obvious. For example, if a surgical instrument is accidentally left inside a patient and discovered two years later, the patient would have just one year from the date of discovery to file a claim. But if three whole years have passed since the surgery, they may have no legal recourse—even if the malpractice is undeniable.

Filing early is not just about meeting deadlines — it's about protecting your ability to prove what happened. Here's why time is so critical:

Evidence Disappears: Medical records may become incomplete or difficult to obtain. Witnesses' memories fade, and securing credible expert testimony becomes more challenging over time.
Hospitals Have Legal Teams: From the moment a potential error occurs, healthcare providers and insurers often begin building a defense, often using comparative fault to minimize liability . The longer you wait, the more control they have over the narrative — and the harder it becomes to fight back.
The Law Is Unforgiving: Louisiana courts strictly enforce these deadlines. Even the most clear-cut malpractice cases can be dismissed if filed late, with no exceptions for honest mistakes or late discoveries beyond the statutory limit.

If you believe you or a loved one may have been a victim of malpractice, the best course of action is to speak with an attorney immediately. Early action not only preserves your rights but also increases your chances of building a strong case.

At MGM Injury Attorneys , we've helped clients across Louisiana understand their legal timelines and take decisive action. Our legal team will assess your unique situation, identify any applicable exceptions to the statute of limitations, and move quickly to preserve evidence and build a solid claim. You don't need to navigate this complex legal landscape alone. Schedule a free consultation with our experienced team today.

Can Medical Errors Be Classified as Malpractice in All Cases?

Fri, 21 Mar 2025 15:09:56 GMT

Medical errors are a common concern in healthcare, but not all mistakes qualify as medical malpractice. While some errors result from negligence and can lead to legal claims, others may be unavoidable or within the acceptable standard of care . Understanding the distinction between a medical mistake and malpractice is crucial for patients considering legal action.

Learn More About Medical Malpractice in Louisiana

What Is a Medical Error?

A medical error occurs when a healthcare provider makes a mistake in diagnosis, treatment, medication, or aftercare. Some errors cause no harm, while others can lead to serious complications. Examples include:

Misdiagnosis or Delayed Diagnosis
Surgical Mistakes (e.g., wrong-site surgery)
Medication Errors (wrong dosage or drug)
Anesthesia Errors
Failure to Properly Monitor a Patient

While these mistakes can be devastating, they do not automatically constitute medical malpractice under Louisiana law.

When Does a Medical Error Become Malpractice?

For a medical error to be classified as malpractice, it must meet specific legal criteria . In Louisiana, a patient must prove the following four elements:

Doctor-Patient Relationship – The provider had a duty to care for the patient.
Breach of Standard of Care – The provider failed to act as a reasonably competent professional would under similar circumstances.
Causation – The error directly caused the patient harm.
Damages – The patient suffered measurable harm, such as additional medical expenses, disability, or pain and suffering.

Not All Medical Errors Are Considered Malpractice

Some medical errors may not qualify as malpractice due to the following reasons:

1. Complications vs. Negligence

Certain medical procedures carry inherent risks , and complications can arise even when a provider follows the correct standard of care. For example, a patient might develop an infection after surgery despite the surgeon taking all necessary precautions. In such cases, no malpractice has occurred.

2. Reasonable Judgment Calls

Doctors often have to make quick decisions based on the information available at the time. If a physician makes a reasonable judgment that later turns out to be incorrect, it may not be considered negligence. For instance, a doctor may prescribe a treatment that doesn’t work, but if it was a reasonable choice based on symptoms, it wouldn’t be malpractice.

3. Systemic Issues and Hospital Errors

Some errors result from systemic problems rather than individual negligence. Issues like understaffing, poor communication, or defective medical equipment may contribute to mistakes. In these cases, liability may fall on the hospital or healthcare system rather than an individual provider.

Determine If You Have a Malpractice Case In Louisiana

If you believe you have suffered due to a medical error, the best course of action is to consult a medical malpractice attorney . A legal professional can:

Review your medical records
Determine if negligence occurred
Work with medical experts to establish malpractice
Help you navigate Louisiana’s Medical Review Panel process

If you or a loved one has suffered due to a suspected medical error, you may be entitled to compensation. Contact an experienced Louisiana medical malpractice attorney today for a free consultation to discuss your case.

Proving Medical Malpractice in Louisiana: Comparative Fault Laws Could Affect Your Case

Thu, 20 Mar 2025 15:59:12 GMT

Medical malpractice cases in Louisiana are already difficult to win due to strict laws and procedural hurdles. However, one factor that often complicates these cases even further is Louisiana’s comparative fault rule. Under this legal principle, a patient’s own actions—or perceived negligence—can reduce the compensation they receive or even prevent them from winning their case.

If you’re pursuing a medical malpractice claim in Louisiana , understanding how comparative fault works and how it may affect your case is crucial.

What Is Comparative Fault in Louisiana?

Louisiana follows a pure comparative fault system, meaning that if an injured party (the patient) is found partially responsible for their injury, their compensation will be reduced by their percentage of fault.

For example, if a court finds that a patient is 30% at fault for their injury, their total compensation will be reduced by 30%. So, if the total damages were $500,000, the patient would only receive $350,000 after the reduction.

While comparative fault is often applied in personal injury cases like car accidents, it also plays a significant role in medical malpractice lawsuits—frequently benefiting doctors and hospitals rather than patients.

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How Does Comparative Fault Affect Medical Malpractice Cases?

In medical malpractice cases, healthcare providers and their defense teams frequently use comparative fault as a strategy to minimize liability. They may argue that the patient contributed to their own injury in one or more of the following ways:

1. Failure to Follow Medical Advice

If a patient doesn’t follow their doctor’s instructions—such as taking prescribed medications, attending follow-up appointments, or following post-surgical care guidelines—the defense may argue that their non-compliance contributed to their injury.

2. Delaying Medical Treatment

Defense attorneys may argue that a patient waited too long to seek treatment, worsening their condition. If the patient’s delay in care contributed to the harm they suffered, their compensation could be reduced.

3. Providing Incomplete or Incorrect Medical History

If a patient fails to disclose important health information—such as pre-existing conditions, allergies, or past surgeries—the defense may claim that inaccurate details contributed to the doctor’s inability to provide proper treatment.

4. Engaging in Risky Behavior

In some cases, defense attorneys may try to shift blame by focusing on the patient’s lifestyle choices. If a patient engaged in activities that may have worsened their condition—such as smoking, drinking, or ignoring previous health warnings—the defense can argue comparative fault.

Why Comparative Fault Makes Medical Malpractice Cases Harder to Prove

Louisiana already has strict medical malpractice laws, but comparative fault adds another layer of complexity for victims. Here’s why:

It Shifts the Burden Onto the Patient – Instead of solely proving that the doctor was negligent , the patient must also defend their own actions to avoid a reduction in compensation.
It Creates a Gray Area in Liability – In many cases, medical treatment involves multiple factors, making it easier for the defense to argue that the patient shares some responsibility.
It Can Reduce or Eliminate Compensation – Even if malpractice is proven, a high percentage of fault placed on the patient can significantly lower their financial recovery.

How to Fight Back Against Comparative Fault Claims

If you’re pursuing a medical malpractice claim, working with an experienced medical malpractice attorney in Louisiana is crucial. A skilled lawyer can:

Gather strong medical evidence to prove the doctor’s negligence was the primary cause of harm.
Consult expert witnesses to counteract claims of patient fault.
Demonstrate that the patient followed medical instructions as closely as possible.
Challenge exaggerated claims of comparative fault made by the defense.

If you’ve been injured due to medical negligence, don’t let the fear of comparative fault stop you from pursuing your case. Even if you are found partially responsible, you may still be entitled to significant compensation.

Contact the legal team at MGM Injury Attorneys today to discuss your case and fight for the justice you deserve.

How to Know if You Have a Medical Malpractice Case in Louisiana

Thu, 06 Mar 2025 16:16:13 GMT

Medical malpractice occurs when a healthcare provider's negligence results in harm to a patient. However, not all medical errors qualify as malpractice. If you suspect that you or a loved one has been a victim of medical negligence in Louisiana , it's critical to understand the important elements of a malpractice claim and the steps to pursue legal action.

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Key Elements of a Medical Malpractice Case in Louisiana

To establish a medical malpractice case in Louisiana, the following must be proven:

Doctor-Patient Relationship – You must be able to show that a formal relationship existed between you and the healthcare provider, meaning they had a duty to provide you with competent medical care.
Negligence Occurred – A poor medical outcome does not necessarily mean malpractice. You must prove that the provider acted negligently by failing to meet the standard of care expected.
Direct Harm Was Caused – It must be demonstrated that the provider's negligence directly led to your injury, worsening your condition, or causing additional medical complications.
Damages Were Sustained – To legally pursue a medical malpractice claim , you must have suffered damages, which may include additional medical bills, lost wages, pain and suffering, or disability.

Common Examples of Medical Malpractice in Louisiana

Some situations that may qualify as medical malpractice include:

Misdiagnosis or Delayed Diagnosis – If a doctor fails to recognize a condition or diagnoses it too late, leading to worsened health outcomes.
Surgical Errors – Mistakes such as operating on the wrong body part, leaving surgical instruments inside a patient, or anesthesia complications.
Medication Errors – Prescribing the wrong medication or incorrect dosage that leads to harm.
Birth Injuries – Negligence during labor and delivery resulting in harm to the baby or mother.
Failure to Obtain Informed Consent – If a doctor does not properly inform a patient of the risks associated with a procedure or treatment.

Understanding Louisiana’s Medical Malpractice Laws

Louisiana has specific laws that impact medical malpractice claims, including:

Statute of Limitations – You generally have one year from the date of the alleged malpractice to file a claim, however, there are limited exceptions.
Medical Review Panel Requirement – Before filing a lawsuit, your case must first be reviewed by a panel of three medical experts who will determine whether malpractice occurred.
Damage Caps – Louisiana law limits the amount of compensation you can receive in a malpractice claim to $500,000, excluding future medical expenses.

Steps to Take if You Suspect Medical Malpractice in Louisiana

If you believe you have a medical malpractice case, consider taking the following steps:

Request Your Medical Records – These will be crucial in reviewing the care you received.
Seek a Second Opinion – Another medical provider can assess whether your treatment did, or did not meet the standard of care.
Consult a Medical Malpractice Attorney – An experienced medical malpractice lawyer can evaluate your case, gather evidence, and guide you through Louisiana’s complex malpractice laws.
File a Complaint with the Medical Review Panel – This is required before proceeding with a medical malpractice lawsuit.

Medical malpractice cases can be complex, but understanding your rights and seeking legal guidance can help you through the process. If you suspect medical negligence, the experienced staff of lawyers at MGM Injury Attorneys in Baton Rouge are here to help.

When Do I Need a Medical Malpractice Lawyer in Louisiana?

Thu, 20 Feb 2025 22:34:42 GMT

In Louisiana, medical malpractice is defined as any act or omission by a healthcare provider that deviates from the accepted standard of care and causes harm to the patient. Determining whether you need a medical malpractice lawyer can be challenging, as not all adverse medical outcomes are the result of negligence. However, there are key signs that indicate when it may be time to seek counsel from an experienced attorney. Here are some of the most common situations in which you may need a lawyer:

1. Severe Injury or Worsened Condition Due to Medical Care

A clear indication that you may need a medical malpractice lawyer is if your condition deteriorates or you sustain a serious injury after receiving treatment. If a doctor, nurse, or healthcare facility does not meet the expected standard of care , resulting in significant harm, you could have a valid claim. In these situations, it’s important to establish that the harm you suffered was a direct result of a healthcare provider’s negligence and that it was not a natural outcome of the condition being treated.

Examples include:

Worsened symptoms after a procedure or treatment that should have improved the condition.
New injuries sustained during surgery or medical procedures, such as nerve damage, infections, or internal injuries.
Permanent disability or disfigurement caused by a medical error, such as surgical mistakes or incorrect treatment choices.

2. Lack of Informed Consent for a Procedure or Treatment

Informed consent is a crucial aspect of medical ethics and legal standards. Before undergoing any procedure or treatment, healthcare providers are required to explain the potential risks , benefits, and alternatives, allowing you to make an educated decision about your care. If you underwent a procedure without fully understanding the associated risks or without being given an opportunity to consent based on the information provided, and you suffered harm as a result, it may be time to consult a malpractice attorney.

Signs of lack of informed consent include:

Not being told about potential risks of a treatment, medication, or surgery.
Failing to explain alternative treatment options that could be less risky.
Performing a procedure or treatment that you did not fully understand or agree to.

3. Failure to Follow Standard Medical Protocols

Every healthcare provider is bound to abide by an established standard of care when treating patients. When these standards are neglected, it can lead to patient harm. This includes errors that happen in nursing homes , hospitals, outpatient clinics, and other healthcare settings.

Common failures include:

Failure to follow proper sterilization techniques, leading to infections or surgical errors.
Negligence in monitoring patient vital signs after a procedure, resulting in avoidable complications.
Ignoring warning signs from test results or symptoms that should have led to further investigation or treatment.

4. Unexpected Complications or Death Following Medical Treatment

All medical treatments come with some degree of risk. However, if you experience unexpected, severe complications that were not adequately explained, managed, or could have been prevented, it may indicate negligence. A lawyer can help determine if the healthcare providers involved failed to meet the expected standard of care.

Examples include:

Infections that could have been avoided with proper hygiene or post-operative care.
Fatal complications that occur due to preventable errors, such as anesthesia mistakes or incorrect medication dosages .
Severe, unexplained side effects from a treatment or medication that was not adequately monitored or explained.

5. Delayed Diagnosis or Misdiagnosis Leading to Harm

Misdiagnosis or delayed diagnoses are particularly harmful in conditions such as cancer, heart disease, and infections, where early intervention can drastically improve outcomes. If your condition was not diagnosed early enough, or you received the wrong diagnosis, and your health significantly declined as a result, malpractice may be to blame.

Key signs include:

Incorrect diagnosis of your condition that leads to inappropriate or harmful treatments.
Delayed diagnosis, such as failing to identify a life-threatening illness (e.g., cancer or heart attack) in a timely manner, causing the disease to progress to a more advanced and difficult-to-treat stage.
Failure to order necessary tests or misinterpretation of test results (e.g., blood work, scans, or biopsies) that delay the diagnosis and worsen the condition.

If any of these signs apply to you or a loved one, it may be time to consult with a medical malpractice lawyer. A legal professional can review your case, consult with medical experts, and determine whether your situation meets the criteria for malpractice in Louisiana . The experienced attorneys at MGM can help you navigate the legal system and fight for the compensation you deserve.

Weight Loss and Diabetes Drugs: Your Legal Rights Against Tirzepatide and the Risk of Severe Pancreatitis

Fri, 31 Jan 2025 17:46:48 GMT

Tirzepatide, a drug used to treat diabetes and manage weight, has demonstrated encouraging results in lowering body weight and regulating blood sugar. However, there is the possibility of acute pancreatitis, a serious and potentially life-threatening condition that occurs when the pancreas becomes inflamed, leading to symptoms such as severe abdominal pain, nausea, vomiting, and fever. If left untreated, it can result in complications like infections, kidney failure, or even systemic organ failure.

Understanding the Risk of Weight Loss Drugs like Tirzepatide

When digestive enzymes activate too soon, they harm the pancreas and cause pancreatitis. This early activation leads to self-digestion of pancreatic tissue, causing inflammation, damage, and in severe cases, necrosis of the organ. This condition can manifest acutely, with sudden and intense symptoms, or chronically, leading to long-term damage and scarring.

Medications such as tirzepatide may elevate the risk of pancreatitis, especially in individuals with underlying risk factors such as a history of pancreatitis, gallbladder disease, or heavy alcohol use. Patients should keep an eye out for symptoms, including fever, recurrent vomiting, or upper abdominal pain that radiates to the back. Prompt recognition and immediate medical evaluation of these symptoms are essential, as untreated pancreatitis can lead to serious complications.

What You Should Do if You Experience Health Problems from Tirzepatide?

If you are using tirzepatide or other weight loss drugs, like semaglutide , and suffer symptoms of pancreatitis, get medical attention immediately. Early identification is crucial for controlling this illness and preventing consequences. Your healthcare provider can help you weigh the potential benefits of tirzepatide or semaglutide—such as improved blood sugar control, weight loss, and reduced risk of diabetes complications—against the risks, including the potential for pancreatitis. Always follow your doctor's guidance and report any concerning symptoms promptly to ensure the safest and most effective use of these medications.

When Should You Consult an Attorney After Using Tirzepatide?

If severe pancreatitis or other health problems develop due to the use of tirzepatide, you may be entitled to compensation for medical bills, lost pay, and pain and suffering. You can hold manufacturers responsible for inadequately warning about potential hazards and negotiate the complexities of pharmaceutical injury claims with the assistance of an experienced lawyer.

Even while drugs like tirzepatide can have positive health effects, it's essential to be aware of the hazards. Safer use can be ensured by keeping your doctor informed on a regular basis and being aware of any unexpected symptoms. Seeking legal advice if you’ve experienced adverse effects from weight loss drugs can safeguard your rights and give you the assistance you require if issues develop.

The experienced staff of lawyers at MGM Injury Attorneys in Baton Rouge are here to help. Contact MGM today for a free consultation if you’ve experienced health issues from weight loss, diabetes medications, or other pharmaceutical companies .

Can Using a GLP-1 Medication like Semaglutide Increase Your Risk of Cancer?

Mon, 27 Jan 2025 20:08:23 GMT

GLP-1 receptor agonists, such as Semaglutide—found in popular weight loss medications like Ozempic and Wegovy—have gained significant attention in recent years. Medical providers often highlight the transformative potential of GLP-1 medications, especially for individuals who struggle to manage their weight or control blood sugar levels through diet and exercise alone. While benefits, such as improved A1c levels, cardiovascular protection, and weight loss, have positioned GLP-1 receptor agonists as game-changers in healthcare, they are not without risks. Understanding the risks of drugs like semaglutide and the role of informed consent is essential, especially when exploring legal recourse for adverse health outcomes.

Investigating the Potential Cancer Risk from Using Ozempic

Recent studies and anecdotal evidence have raised questions about whether GLP-1 medications like Ozempic may increase the risk of certain cancers , such as thyroid cancer and pancreatic cancer. These medications may contribute to cancer through various mechanisms, including:

Cell proliferation, where receptor agonists stimulate thyroid C cells, potentially causing tumors
Chronic inflammation from pancreatic stimulation, a known cancer risk
Hormonal imbalances that foster cancer growth
Heightened risk in individuals with genetic predispositions or a family history of cancer.

Understanding these potential risks is vital for patients, healthcare providers, and legal professionals. For patients who develop cancer potentially linked to GLP-1 medications, consulting a medical malpractice attorney can provide a pathway to explore whether adequate warnings were given or if negligence played a role in their care.

Diabetes Drug Manufacturers Are Required to Disclose Cancer Risks

When it comes to GLP-1 medications like Semaglutide, drug manufacturers bear the responsibility of conducting thorough research, providing transparent information about potential risks, and ensuring patients and healthcare providers are fully informed. Once identified, drug manufacturers have a legal obligation to disclose risks clearly and prominently. If evidence emerges that pharmaceutical companies fail to meet these obligations, they could face significant legal and financial repercussions. Patients harmed by such negligence may have grounds for legal action.

Legal Rights for Patients Harmed by Weight Loss Drugs

When patients suffer adverse health outcomes after taking prescribed medications like Semaglutide, they may feel overwhelmed and unsure of their next steps. It’s essential to understand that patients have legal rights to pursue compensation if they believe their injury was caused by medical negligence, inadequate information, or pharmaceutical mismanagement. A medical malpractice attorney can help patients navigate the complexities of drug-related injuries, investigate whether proper warnings were provided, and determine if medical negligence or pharmaceutical oversight played a role. By advocating for patient safety and accountability, medical malpractice attorneys play a key role in ensuring individuals receive the justice and compensation they deserve when faced with life-altering health issues.

Consult with a Medical Malpractice Attorney About a Semaglutide Lawsuit

Schedule a consultation with an attorney who is experienced in pharmaceutical litigation or medical negligence. They will evaluate the facts, including whether the healthcare provider or pharmaceutical company failed in their duty of care, and develop a strategy for pursuing compensation. If your case involves pharmaceutical negligence, they may also help you file a class action lawsuit or individual product liability claim.

If you have experienced adverse health effects such as cancer after taking a medication like Wegovy, contact one of the qualified attorneys at MGM for a free case review . We can help you explore your options for holding healthcare and pharmaceutical companies accountable. Legal action may provide compensation for medical expenses, pain and suffering, and other damages resulting from their negligence or oversight.

Dangerous Side Effects of Diabetes Drugs: Navigate Your Legal Options With an Injury Attorney

Thu, 19 Dec 2024 20:14:43 GMT

Managing blood sugar is a crucial aspect of living with Type 2 diabetes. Mounjaro, known by its generic name, tirzepatide, offers an innovative approach to blood sugar control , making it a popular choice among patients and healthcare providers. While it has shown promise in improving diabetes management, it also carries potential risks—notably, hypoglycemia. Understanding these risks is vital to using this medication safely and effectively.

What Is Mounjaro and How Does It Work?

Mounjaro is a groundbreaking medication for Type 2 diabetes that works through a dual-action mechanism. It activates both glucagon-like peptide-1 (GLP-1) and glucose-dependent insulinotropic polypeptide (GIP) receptors. By doing so, it improves blood sugar levels, reduces appetite, and often results in weight loss —a significant benefit for many individuals managing diabetes. While its efficacy is impressive, its potent effects can sometimes lead to complications, including hypoglycemia.

Signs and Symptoms of Hypoglycemia

Hypoglycemia occurs when blood sugar levels drop too low, typically below 70 mg/dL. This condition can range from mild discomfort to life-threatening emergencies. For people with diabetes, hypoglycemia is often linked to overmedication, skipped meals, excessive exercise, or interactions with certain drugs.

The signs of hypoglycemia can vary in severity, but common symptoms include:

Mild to Moderate Symptoms:
Shaking, sweating, and a rapid heartbeat.
Dizziness, hunger, and irritability.

Severe Symptoms:
Confusion, blurred vision, and difficulty concentrating.
Seizures, loss of consciousness, or even coma in extreme cases.

Identifying these symptoms early can make a life-saving difference, especially for individuals using powerful medications like Mounjaro.

How is Mounjaro Linked to Hypoglycemia?

While Mounjaro is designed to stabilize blood sugar levels, its mechanism of action can increase the risk of hypoglycemia, particularly when used alongside other medications such as insulin or sulfonylureas. By enhancing the body’s natural insulin response, Mounjaro can occasionally lead to blood sugar dropping too low.

Patients have reported adverse events related to hypoglycemia while using Mounjaro, highlighting the importance of caution. If you’re prescribed this medication, it’s essential to follow your healthcare provider’s instructions carefully and report any unusual symptoms immediately.

Is Mounjaro a Dangerous Drug?

Despite the precautions, some hypoglycemia cases linked to Mounjaro may arise from medical negligence . Examples include:

Improper prescribing practices, such as an incorrect dosage.
Failure to educate patients about the risks and symptoms of hypoglycemia.
Delayed or missed diagnosis of hypoglycemia-related injuries.

If you or a loved one has experienced harm due to these issues, you may have grounds for a medical malpractice or dangerous drug claim . Understanding your legal rights can help you secure compensation for your injuries and hold negligent parties accountable.

How Can an Attorney Assist Victims of Dangerous Drugs?

Attorneys play a crucial role in helping victims of dangerous drugs take legal action , which can help promote accountability and encourage safer practices among drug manufacturers. They begin by evaluating your case to determine if harm resulted from manufacturer negligence, improper prescribing, or inadequate warnings. By gathering medical records, expert testimonies, and evidence, they build a strong case to hold the responsible parties accountable. Attorneys manage all legal procedures, from filing claims to navigating litigation, ensuring deadlines are met and documents are properly prepared. They work to secure compensation for medical expenses, lost wages, pain and suffering, and long-term health impacts, either through negotiation or courtroom representation.

At MGM Injury Attorneys , we are skilled in handling medical malpractice and dangerous drug cases. Our team is dedicated to helping victims of medication-related injuries navigate the complex legal process. If you’ve experienced hypoglycemia or other serious side effects while using Mounjaro or similar medications like Ozempic or Wegovy, we’re here to help. Contact us today for a free consultation . Let us review your case, explain your options, and fight for the justice and compensation you deserve.

Find an Attorney for Weight Loss Drug Issues: The Dangerous Side Effects of Semaglutide

Tue, 17 Dec 2024 17:28:36 GMT

Semaglutide, a well-known weight-loss drug sold under the brands Ozempic and Wegovy , has drawn much attention due to its ability to help people lose weight. But it's important to understand that weight-loss drugs like semaglutide have some potentially dangerous adverse effects. In particular, a host of gastrointestinal side effects have been linked to semaglutide use, prompting lawsuits for patients who have suffered severe harm. Among the most concerning side effects are severe nausea, vomiting, slowing of the muscles that empty the stomach leading to gastroparesis, and bowel obstruction.

Bowel Obstruction is a Significant Risk of Semaglutide Use

Bowel obstruction is one of the more serious potential adverse effects associated with semaglutide, a medication often prescribed for weight management and type 2 diabetes. This condition occurs when the intestines become blocked, preventing the normal passage of food, fluids, and waste through the digestive tract. Left untreated, bowel obstruction can lead to severe complications, including infection, tissue death, or the need for emergency surgery.

Patients taking semaglutide should be aware of the warning signs of a bowel obstruction. These symptoms may include:

Severe abdominal pain that doesn’t go away
Persistent nausea and vomiting
An inability to pass stool or gas, often accompanied by a distended or bloated abdomen
Chronic constipation or a sudden change in bowel habits

It’s crucial to recognize these symptoms early and seek immediate medical attention. In some cases, bowel obstruction linked to semaglutide can progress rapidly, and delaying treatment may worsen the outcome.

Why Should You Seek Legal Counsel Against Weight Loss Drugs for Side Effects?

If you’ve experienced severe side effects after using Ozempic or other semaglutide-based medications, you may be entitled to compensation. Seeking legal counsel ensures that your rights are protected and provides you with a knowledgeable advocate to help you navigate the complexities of pharmaceutical litigation . An experienced pharmaceutical lawyer can help you hold the drug manufacturers accountable for their failure to adequately warn consumers about the risks associated with these drugs .

How Can an Attorney Help Your Ozempic, Wegovy, or Semaglutide Lawsuit?

To conduct a thorough investigation into the circumstances surrounding your injury, your attorney will gather medical records and other relevant data . They will identify the responsible parties, such as the drug manufacturer or healthcare provider. If necessary, your attorney may file a lawsuit to recoup losses for medical expenses, lost wages, pain and suffering, and other damages. It is often possible to achieve a settlement with the guilty parties without a trial. If a settlement cannot be reached, your attorney will represent you in court.

It's critical to get medical help right away and speak with an experienced lawyer if you've had severe side effects from semaglutide. You can hold those at fault accountable and pursue damages for your injuries by filing a lawsuit. The experienced team of lawyers at MGM Injury Attorneys in Baton Rouge is here to help. Schedule a free consultation today .

Weight Loss Drugs Linked to Vision Loss: Protect Yourself with the Right Attorney

Fri, 22 Nov 2024 15:29:17 GMT

The possible adverse effects of well-known weight-loss medications like Ozempic and Wegovy , generically known as Semaglutide, have created concerns based on recent studies. These drugs have been linked to a higher incidence of Non-arteritic Anterior Ischemic Optic Neuropathy (NAION), a dangerous eye disorder.

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What is NAION?

The disorder known as NAION is brought on by insufficient blood flow to the optic nerve, which runs from the eye to the brain. If you've taken these drugs and have experienced sudden vision loss as a side effect, you should seek legal counsel .

How are Weight Loss Drugs Linked to NAION?

Ozempic and other medications containing Semaglutide have been linked to an increased risk of a condition called non-arteritic anterior ischemic optic neuropathy (NAION). NAION occurs when blood flow to the optic nerve is reduced or blocked, potentially causing vision loss or blindness. This association highlights concerns about weight loss medication and its impact on blood vessel function. Similar risks might also apply to other drugs in the same class, such as Wegovy and Rybelsus. Individuals experiencing vision changes while using these medications should consult a doctor immediately.

What are the Legal Options for People Affected by Semaglutide Injections?

If you have lost your vision as a result of taking Ozempic, Wegovy, or similar medications, you may be eligible for compensation. An experienced attorney can help you with the legal system to get justice.

How Can a Lawyer Help You in a Weight Loss Drug Lawsuit?

Investigate Your Case: A lawyer can thoroughly investigate the circumstances surrounding your injury and gather evidence to support your claim.
Determine Liability: They can identify the responsible parties, such as the drug manufacturer or healthcare provider.
File a Lawsuit: If necessary, your attorney can file a lawsuit to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
Negotiate a Settlement: In many cases, it's possible to settle with the responsible parties without going to trial.
Represent You in Court: If a settlement cannot be reached, your attorney will represent you in court.

If you or a loved one has experienced vision loss after taking Ozempic, Wegovy, or similar medications, it's crucial to seek legal advice. A qualified attorney can help you understand your rights and pursue justice. The experienced staff at MGM Injury Attorneys in Baton Rouge are here to help you. Schedule a consultation today and get the justice you deserve.

Wegovy and Blood Clots: Do GLP-1 Drugs Increase Your Risk of DVT and PE?

Tue, 19 Nov 2024 16:44:52 GMT

In recent years, GLP-1 drugs like Wegovy and Ozempic have surged in popularity, primarily due to their effectiveness in managing weight loss and diabetes. These medications, which work by stimulating the release of insulin and helping control blood sugar levels, have been widely prescribed for patients who need to manage their blood glucose or achieve a healthier weight. While GLP-1 drugs have shown significant benefits, new concerns have arisen about potential side effects, particularly the risk of developing blood clots, that can lead to deep vein thrombosis (DVT) and pulmonary embolism (PE).

What is Deep Vein Thrombosis?

Deep Vein Thrombosis, or DVT, is a condition in which a blood clot forms in a deep vein, typically in the leg, leading to pain, swelling, and redness in the affected area. DVT can become life-threatening if part of the clot breaks off and travels to the lungs, causing a pulmonary embolism. It is a serious condition that requires prompt treatment and has the potential for long-term complications if not addressed quickly.

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Is There a Link Between GLP-1 Drugs and Blood Clots?

Recent studies have suggested a potential link between GLP-1 drugs such as semaglutide and the development of blood clots. While research is ongoing, some scientists believe that these drugs may contribute to clot formation, especially when other DVT risk factors are present. Though the exact mechanisms remain unclear, some researchers hypothesize that changes in body mass, blood flow, or metabolic processes could play a role in increasing clot risk.

Regulatory agencies, such as the FDA, are closely monitoring these findings and have recently advised caution regarding the use of GLP-1 drugs for people who may already be at higher risk of DVT. Despite the effectiveness of these medications, this risk warrants a serious look at their safety profile.

Potential Adverse Side Effects of Wegovy

Wegovy and other drugs that contain semaglutide often have a host of side effects, including nausea, vomiting, diarrhea, and abdominal discomfort. These common side effects are typically mild and subside as your body adjusts to the medication. Allegations of more adverse effects of the drug have been reported, including ileus, bowel obstructions, gastroparesis , DVT, and PE.

When to Consult a Medical Malpractice or Dangerous Drug Lawyer

When prescription drugs have adverse effects , such as DVT, that were not prominently disclosed, affected patients may have grounds for legal action. Lawsuits related to dangerous drugs and medical malpractice typically focus on whether the drug companies conducted adequate testing, disclosed risks to patients and providers, and met regulatory safety standards.

If you or a loved one has experienced an adverse reaction, such as blood clots, after using GLP-1 drugs, it might be beneficial to consult a lawyer. Medical malpractice or dangerous drug attorneys are skilled in pursuing cases to hold drug manufacturers accountable for harmful side effects. They can help you determine if you have a viable case and guide you through the process of gathering evidence, obtaining expert testimonies, and documenting any health impacts. For anyone dealing with unexpected and potentially dangerous side effects from medication, this support can be invaluable.

What to Expect in a Dangerous Drug Lawsuit

In a dangerous drug lawsuit, the primary goals are to prove liability, demonstrate harm, and show that the drug manufacturer did not adequately communicate the risks . This type of lawsuit often requires medical records, expert testimonies, and documentation of damages, such as medical bills, lost wages, and pain and suffering.

Patients affected by drug-related side effects can seek compensation for both their physical and financial losses. While the process can be complex, an experienced attorney will guide you through each step, helping you navigate the legal system and build a strong case. By pursuing legal action, affected individuals can seek justice and help ensure that drug manufacturers remain accountable for the safety of their products.

If you or someone you know has experienced adverse effects like blood clots after taking a GLP-1 medication such as Wegovy, reach out to the experienced team of lawyers at MGM . We can help you explore all of your legal options against dangerous and defective drugs.

Wegovy Weight Loss Drug Lawsuit: What Does "Failure to Warn" Mean?

Thu, 31 Oct 2024 21:11:48 GMT

GLP-1 weight loss drugs like Wegovy have surged in popularity, offering new hope to those struggling with obesity. This once-weekly injectable drug was designed to assist adults in losing weight when used alongside diet and exercise. Despite its efficacy, recent lawsuits reveal a potential downside: the accusation that Wegovy's manufacturers failed to adequately warn users about certain risks associated with the drug .

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What Does Failure to Warn Mean in a Pharmaceutical Lawsuit?

Manufacturers of medications, such as well-known weight-loss medications like Wegovy , are legally obligated to inform both patients and healthcare professionals of any potential risks, especially those involving severe side effects. Additionally, manufacturers must communicate updates on newly discovered risks as they arise, ensuring that healthcare providers can pass this information on to patients, helping them make safer, more informed choices.

In legal terms, "failure to warn" refers to a claim that a manufacturer did not provide sufficient warning about the potential risks or side effects of a product. When it comes to pharmaceuticals, this means that the drug company is accused of not disclosing all known or reasonably foreseeable risks to consumers.

Manufacturers must provide clear, specific, and accessible warnings, especially for severe or life-threatening adverse effects. This includes information about drug interactions, potential allergic reactions, and contraindications that could amplify risks. Warnings should be included in drug labeling, prescription information sheets, and sometimes in the drug's marketing materials.

Failure-to-warn claims don't necessarily suggest that the drug itself is defective; instead, they argue that the manufacturer was negligent in informing consumers of specific dangers . In the case of Wegovy, plaintiffs say that had they been aware of certain risks; they may have chosen not to use the drug or to approach it with different expectations.

What Potential Wegovy Side Effects Could Be Considered Under a Failure to Warn Lawsuit?

Like many weight-loss drugs, Wegovy has a range of potential side effects, and understanding them is central to the lawsuits against its makers. Plaintiffs claim they were not aware of or surprised by the severity of side effects from taking the medication and were not prepared for the risks involved.

Some of the most severe side effects reported from using semaglutide , the active ingredient in Wegovy, have been:

Gastroparesis
Bowel obstructions
Ileus
NAION
Blood clots or Deep Vein Thrombosis

What is the Basis of the Wegovy Lawsuit?

The lawsuits against Wegovy's manufacturer center around whether the company provided sufficient warnings to consumers. Those filing the lawsuits argue that the marketing materials and information about Wegovy downplayed the risks, failing to emphasize the potential for severe side effects. This, they claim, led them to take Wegovy without understanding the full extent of the health risks.

For plaintiffs, the core question is whether they would have made different decisions if they had been adequately warned. Was the information about Wegovy clear enough, or did the manufacturer fail to meet its duty to protect consumers by minimizing mention of risks?

What Should You Do if You Think You've Been Harmed by Wegovy?

If you believe that you or someone you know has experienced harm from taking Wegovy, there are several steps you should consider:

Consult a Healthcare Professional: Speak to a doctor about your symptoms and potential side effects. They can provide medical documentation that may be helpful.
Report to the FDA: The FDA encourages consumers to report adverse effects, as this can lead to further investigation and action if warranted.
Consider Legal Consultation: Contact an attorney experienced in handling pharmaceutical claims or personal injury. They can evaluate your case and help determine if a lawsuit is a viable option.

Legal action can ensure accountability and provide compensation for medical expenses, pain and suffering, or other losses associated with the drug's side effects. The experienced staff of attorneys at MGM are here to represent you in your pharmaceutical lawsuit. Contact MGM today for a free legal consultation.

Using Wegovy for Weight Loss: Understanding Your Risk of Adverse Effects

Wed, 23 Oct 2024 17:20:36 GMT

In recent years, Wegovy has become a breakthrough treatment for individuals seeking significant weight loss. Approved by the FDA and praised for its effectiveness, it works by suppressing appetite and supporting long-term weight management. However, as with any medication, it comes with its own risks and potential side effects. As more and more people are prescribed this drug, there has been a rise in reports of adverse side effects not initially disclosed by the manufacturer, prompting an increasing number of lawsuits.

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What is Wegovy and How Does It Work?

Wegovy, also known by its generic name semaglutide, is a medication in the GLP-1 receptor agonist class, along with other drugs like Ozempic and Mounjaro . It works by mimicking a hormone in the body called glucagon-like peptide-1 (GLP-1), which helps regulate appetite and food intake. By slowing digestion and reducing hunger, Wegovy can help people consume fewer calories, leading to weight loss.

The medication is typically administered via a once-weekly injection, and it's intended for adults who are overweight or obese, particularly those with weight-related health issues. While the results can be impressive, it's important to be aware of potential adverse side effects that could put your health in jeopardy.

Common Side Effects of Wegovy

As with many medications, Wegovy can cause side effects, particularly when starting treatment. The most common side effects include nausea, vomiting, diarrhea, and abdominal discomfort. These symptoms occur because Wegovy slows digestion, which can upset the gastrointestinal system, especially as the body adjusts to the medication. For many people, these side effects are mild and temporary. They often subside as your body gets used to the treatment.

Serious Side Effects Not Initially Disclosed by the Manufacturer

While most people taking Wegovy experience mild side effects, there have also been reports of more severe reactions that pose serious health risks. Novo Nordisk, the drug's manufacturer, did not initially include these conditions in the list of potential side effects, which has raised concerns among both patients and healthcare professionals. As a result, some individuals have suffered unexpected health problems, leading to growing scrutiny and legal action against the company for inadequate warnings. This lack of transparency has become a focal point in recent lawsuits, with claims suggesting that patients were not fully informed of the potential dangers associated with the medication. These serious side effects include:

Ileus
Bowel Obstruction
Gastroparesis (stomach paralysis)
Hypoglycemia, or low blood sugar

Balancing the Benefits and Risks of Weight Loss Drugs

Wegovy and similar drugs offer significant benefits for individuals struggling with weight loss, including improvements in metabolic health and reductions in weight-related health risks. However, it's essential to balance these benefits with the potential risks. By being informed about the possible side effects and working closely with your healthcare provider, you can minimize risks and maximize the effectiveness of the treatment. If you notice any changes in your health or experience severe symptoms, reach out to your doctor for guidance.

What Are My Legal Options If I Experienced Severe Health Complications from Wegovy?

Lawsuits alleging health complications from taking Wegovy or similar drugs are gaining momentum. If you've experienced adverse effects such as gastroparesis , a bowel obstruction, or other life-altering conditions, you may be entitled to compensation. By taking legal action, you can hold the pharmaceutical companies accountable for failing to adequately disclose the risks associated with these medications. Consulting with an experienced attorney can help you understand your legal rights and pursue compensation for medical expenses, pain and suffering, and other damages caused by these drugs.

The team of lawyers at MGM Injury Attorneys has extensive experience handling pharmaceutical litigation cases against dangerous and defective drugs. We can help you explore all of your legal options against the manufacturer of Wegovy and similar drugs. Contact our office today for a free initial case assessment .

Understanding Ozempic Side Effects: When Gastroparesis Leads to Medical Malpractice Claims

Thu, 26 Sep 2024 20:14:03 GMT

Semaglutide has quickly become one of the most well-known drugs for managing type 2 diabetes , and more recently, it has gained significant attention as an effective medication for weight loss. You may recognize this drug by its brand names: Ozempic, which is FDA-approved to treat type 2 diabetes, and Wegovy , which is FDA-approved for weight loss in individuals who are obese or overweight. Its effectiveness in helping people lower blood sugar levels and lose weight has led to widespread usage and praise, with many seeing dramatic health improvements.

However, alongside its rise in popularity, concerns have emerged about the potential side effects associated with Ozempic, particularly gastrointestinal (GI) problems. One of the most serious issues that has come to light is the potential development of gastroparesis , a condition in which the stomach's ability to empty itself is impaired, leading to severe nausea, vomiting, and digestive complications. As these concerns grow, so does the number of lawsuits being filed against Novo Nordisk, the manufacturer of Ozempic. These legal challenges have put a spotlight on the potential risks of using Ozempic , sparking debates about whether the benefits of the drug outweigh its side effects.

What to Expect in an Initial Consultation with MGM

What is Ozempic?

Ozempic, the brand name for semaglutide, is a prescription medication approved by the FDA in 2017 to help manage blood sugar levels in adults with type 2 diabetes. This medication has become increasingly popular in the treatment of diabetes due to its dual benefits of blood sugar control and weight reduction. Beyond its effectiveness in managing diabetes, Semaglutide has gained considerable attention for its weight-loss benefits. The drug is often prescribed to individuals who are either overweight or obese, particularly those who also have diabetes or other related conditions.

How Does Ozempic Work?

Ozempic belongs to a class of drugs known as GLP-1 (glucagon-like peptide-1) receptor agonists. These medications mimic the action of the GLP-1 hormone, which is naturally produced in the intestines in response to food. GLP-1receptor agonists play several important roles in the body:

Stimulate the release of insulin, which helps absorb glucose (sugar) from the bloodstream.
Suppress the production of glucagon, a hormone that signals the liver to release stored glucose, helping to keep blood sugar levels more stable.
Delay gastric emptying, or the rate at which food moves from the stomach to the small intestine, promoting a feeling of fullness.

What Are Possible Ozempic Side Effects?

According to Novo Nordisk, the manufacturer of the drug, the most common side effects of Ozempic include a range of mainly mild gastrointestinal symptoms.

Nausea
Vomiting
Diarrhea
Constipation
Abdominal Pain

More severe side effects listed by the manufacturer include:

Possible Thyroid Tumors, including cancer
Pancreatitis (inflammation of the pancreas)
Changes in your vision
Kidney problems, including Acute Kidney Injury or Kidney Failure
Serious allergic reactions
Gallbladder problems
Hypoglycemia, or low blood sugar (added in September 2023)
Ileus (added in September 2023)

Additional adverse side effects which have been reported by those using the medication include:

Gastroparesis
Bowel obstruction
Biliary disease
Cyclic vomiting syndrome

What is Gastroparesis?

Gastroparesis is a chronic condition in which the normal movement, or motility, of the stomach is slowed or stopped altogether. Under typical circumstances, the muscles of the stomach contract to help move food through the digestive tract and into the small intestine for further digestion. However, in people with gastroparesis, these muscle contractions are weakened or impaired, resulting in delayed stomach emptying. This means that food remains in the stomach for much longer than it should, leading to a variety of digestive issues.

What Causes Gastroparesis?

Gastroparesis can occur due to damage to the vagus nerve, which controls the stomach muscles. This can often result after surgeries such as gastric bypass or a cholecystectomy (gallbladder removal). Diabetes, infections, and some autoimmune diseases are also known causes of the condition. Evidence also exists that gastroparesis can be medication-induced and has been linked to the use of weight loss drugs, including GLP-1 receptor agonists like Ozempic, which slow gastric emptying as part of their mechanism of action. In cases where this slowdown becomes excessive or prolonged, it can lead to the development of gastroparesis.

What are the Common Symptoms of Gastroparesis?

Gastroparesis presents with a range of uncomfortable and sometimes severe gastrointestinal symptoms, including:

Nausea and Vomiting
Bloating
Abdominal Pain
Feeling full after consuming small amounts of food
Heartburn or Acid Reflux
Loss of Appetite
Indigestion
Vomiting whole pieces of undigested food

Over time, these symptoms can lead to complications such as weight loss, malnutrition, and dehydration. It can also cause blood sugar complications, such as hypoglycemia. Pieces of undigested food left in the stomach for too long can harden into a mass called a bezoar, which may be too big to pass from the stomach into the intestine. This can lead to a blockage requiring medication or even surgery.

What Should I Do if I Experience Adverse Side Effects from Ozempic?

If you're taking Ozempic or a similar weight loss drug and begin to experience gastrointestinal issues, it's crucial to monitor your symptoms closely, as they may be an indication of a more severe condition like gastroparesis. Ignoring or downplaying symptoms like persistent nausea, vomiting, or weight loss can lead to further complications, such as dehydration, malnutrition, and a significant decline in quality of life. Minimize adverse medication effects by speaking honestly with your provider, as they can evaluate and document any symptoms you are experiencing and help you decide if discontinuing the medication is in your best interest or if symptoms can be effectively managed with other treatments.

As the number of individuals reporting severe side effects from medications like Ozempic grows, many patients are exploring their legal rights to hold the drug manufacturer accountable. If you or a loved one has experienced significant health complications, such as gastroparesis or other serious gastrointestinal issues, while using Ozempic, you may have grounds to file a lawsuit. Currently, a multidistrict litigation suit (MDL 3094) has been filed in the US District Court of the Eastern District of Pennsylvania. You may be eligible to join the lawsuit to recover lost wages, medical expenses, and other damages.

The experienced lawyers at MGM Injury Attorneys are knowledgeable in litigating dangerous and defective drugs and can assist you in exploring all of your legal options against the manufacturer of Ozempic or similar drugs. Contact our offices today for a free initial case assessment .

What Should You Expect During a Workers' Compensation Appeal in Louisiana

Mon, 29 Jul 2024 18:38:29 GMT

It can be challenging to deal with a workplace accident, and it can become even more stressful if your workers' compensation claim is rejected. In Louisiana, you have the option to file an appeal if your claim is rejected or if you disagree with the benefits that were given. Gaining an understanding of the appeals process will help you navigate it more skillfully and increase the likelihood of a successful conclusion.

Understanding a Workers' Compensation Denial

Understanding a workers' compensation claim in Louisiana involves recognizing the process and requirements to secure benefits following a workplace injury. Employees must promptly report their injury to their employer and seek medical treatment from an approved provider. A claim is then filed with the Louisiana Office of Workers' Compensation Administration (OWCA) to receive benefits for medical expenses, lost wages, and rehabilitation. It's essential to comply with deadlines and provide thorough documentation. If a claim is denied, employees have the right to appeal through a structured process, often benefiting from legal guidance to navigate the complexities and secure rightful compensation.

Review the Workers' Compensation Denial Letter

Your denial letter will outline the reasons why your claim was denied. Common reasons for a workers’ compensation denial include insufficient medical evidence, late reporting, or disputes over whether the injury is work-related. The letter will also provide information on how to appeal the decision and the deadlines you must meet.

Consult with a Workers' Compensation Attorney

An experienced workers' compensation attorney can review your case, explain your rights, and help you understand the grounds for denial. Your attorney can assist in gathering additional evidence and preparing a robust appeal.

Filing a Workers' Compensation Appeal

Filing a workers' compensation appeal in Louisiana begins by submitting a Disputed Claim for Compensation (Form LDOL-WC-1008) to the Louisiana Office of Workers' Compensation Administration (OWCA). This must be done within one year from the date of injury or the last benefit payment. The process includes a mandatory mediation to attempt resolution, and if unsuccessful, it proceeds to a formal hearing before a workers' compensation judge. Thorough preparation and legal representation can significantly enhance the chances of a favorable outcome, ensuring that all necessary evidence and arguments are effectively presented.

File a Disputed Claim for Workers' Compensation

To begin the appeal process, you must file a Disputed Claim for Compensation (Form LDOL-WC-1008) with the Louisiana Office of Workers' Compensation Administration (OWCA). You have one year from the date of your injury or the last payment of benefits to file this form.

Notify Your Employer and Insurer During a Worker's Compensation Appeal

You must serve a copy of the Disputed Claim for Compensation to your employer and their insurance carrier.

Workers' Compensation Appeal Mediation

In Louisiana, workers' compensation appeal mediation is a mandatory step in resolving disputes between injured workers and employers or insurance companies. Once a Disputed Claim for Compensation is filed, the Louisiana Office of Workers' Compensation Administration (OWCA) schedules a mediation conference. During this session, a neutral mediator facilitates discussions to help both parties reach a mutually agreeable solution without proceeding to a formal hearing. Mediation aims to expedite the resolution process, reduce legal costs, and provide a less adversarial environment for settling disputes. If mediation is unsuccessful, the case will move forward to a hearing before a workers' compensation judge.

Mandatory Workers' Compensation Mediation

The OWCA will schedule a mediation conference to try to resolve the dispute without a formal hearing. During mediation, a neutral mediator will facilitate discussions between you and the insurance company to reach a mutually agreeable solution.

Possible Workers' Compensation Appeal Outcomes

If an agreement is reached, it will be put in writing and signed by both parties. If no agreement is reached, the case will proceed to a formal hearing.

Scheduling a Workers' Compensation Appeal Hearing

If mediation does not resolve the dispute, the OWCA will schedule a formal hearing before a workers' compensation judge. Your attorney will help you prepare by gathering evidence, securing witnesses, and developing a legal strategy.

The Workers' Compensation Appeal Hearing Process

Both sides will present evidence, including medical records, expert testimony, and any other relevant information. The opposing side may cross-examine witnesses. Your attorney will present legal arguments to support your claim for benefits.

The Workers' Compensation Appeal Judge's Decision

After the hearing, the judge will issue a written decision based on the evidence and legal arguments presented. This decision is typically issued within 30 days of the hearing.

Further Workers' Compensation Appeals

If you disagree with the judge's decision, you can appeal to the Louisiana Court of Appeal. You must file a Notice of Appeal within 30 days of the judge's decision.

Higher Courts for Workers' Compensation Appeals

If necessary, you can seek further review by the Louisiana Supreme Court, though this is rare and reserved for cases with significant legal issues.

The workers' compensation appeal process in Louisiana can be complex and time-consuming, but understanding each step can help you navigate it more effectively. Consulting with an experienced workers' compensation attorney can provide valuable guidance and improve your chances of a favorable outcome. The expert staff of lawyers at MGM Injury Attorneys are here to help. Schedule a consultation today for your workers' compensation legal needs.

What You Need to Know About Seeking Legal Counsel Against Ozempic and Similar Drugs

Wed, 24 Jul 2024 16:33:54 GMT

The obesity prevention drugs Ozempic, Mounjaro, Rybelsus, and Wegovy have created attention due to its potential negative consequences as well as legal issues for probable adverse effects. Understanding your options for a medical malpractice product liability attorney becomes crucial as more patients report dangerous reactions.

Understanding Ozempic and Its Risks

Ozempic (Semaglutide) is a medication used to manage weight gain and type 2 diabetes by lowering blood sugar levels. While effective for many, it carries potential risks, including gastrointestinal issues such as nausea, vomiting, and diarrhea, as well as more severe complications like pancreatitis, thyroid tumors, and kidney problems. Some patients may also experience severe allergic reactions. These potential side effects underscore the importance of close medical supervision and prompt consultation with healthcare providers if adverse reactions occur.

Potential Side Effects of Ozempic

Although many people have found the Ozempic to be helpful, a number of side effects have been reported, some of which are pretty serious. Among them are:

Digestive problems, including nausea, vomiting, diarrhea, and pain in the abdomen.

Pancreatitis: A potentially fatal inflammation of the pancreas.
Thyroid tumors: There is a higher chance of thyroid cancer among thyroid tumors.
Renal issues: Some people have a decline in renal function.
Allergic reactions: Serious allergic reactions that need to be treated by a doctor right away.
Unremitting weight loss: Weight loss continues after discontinuation.

Why Should You Seek Legal Counsel for Ozempic Side Effects?

It is essential to seek legal counsel regarding Ozempic side effects for a number of reasons. To begin with, a pharmaceutical litigation specialist can assist you in comprehending your legal rights and evaluating whether you are eligible to receive compensation for the unfavorable consequences you have encountered. They are capable of navigating the court system's intricacies, obtaining the required proof, and constructing a compelling case in your favor. In addition, having legal counsel can assist with paying for medical costs, missed income, and discomfort brought on by the adverse effects. Holding the maker responsible can also draw attention to safety concerns, which may result in improved rules and safeguards for patients in the future.

Adverse Reactions to Ozempic

If you or a loved one has experienced severe side effects after taking Ozempic, you may be entitled to compensation. Legal action can help cover medical expenses, lost wages, and pain and suffering resulting from these adverse reactions.

Lack of Warning from Ozempic

Manufacturers are required to provide adequate warnings about potential risks associated with their medications. If Ozempic's manufacturer failed to adequately warn users about the possible side effects, they could be held liable for resulting damages.

Ozempic Can be a Defective Medication

In some cases, a medication may be found to be defective in its design or manufacturing process. If Ozempic is determined to be inherently unsafe, legal action can help hold the manufacturer accountable.

Protecting Public Health from Ozempic

Taking legal action against pharmaceutical companies can also help raise awareness of safety issues, potentially leading to improved regulations and protections for future patients.

How Do You Find a Lawyer for Representation Against Ozempic?

To find legal representation against Ozempic:

Start by researching law firms that specialize in pharmaceutical litigation and have experience with cases involving drug side effects.
Look for firms with a strong track record in handling similar cases and positive client reviews . You can consult legal directories, seek recommendations from trusted sources, or use online legal referral services.
Schedule consultations with potential lawyers to discuss your case, assess their expertise, and ensure they are a good fit for your needs.

It's essential to choose a lawyer who is knowledgeable, communicative, and committed to advocating for your rights.

Gather Evidence About Your Experience with Ozempic

Gather all the information that is pertinent to your use of Ozempic, such as:

Medical Records: A record of your prescription, its dose, and any complications or side effects.
Personal Journal: Observations about the impact of the drug on day-to-day activities.
Financial Records: Acknowledgments and documentation of medical bills, missed income, and other expenses resulting from unfavorable consequences.

Consult with a Personal Injury Attorney for an Ozempic Lawsuit

Find a lawyer who specializes in pharmaceutical litigation. They will evaluate your case, help determine if you have a valid claim, and guide you through the legal process.

File an Ozempic Lawsuit

Your lawyer will assist you in bringing a lawsuit against Ozempic's manufacturer if they think you have a good case. A written complaint detailing your claims and the damages you seek must be submitted as part of this process.

Discovery and Negotiation for a Lawsuit Against Ozempic

Both parties will exchange information and evidence throughout the discovery process. On your part, your attorney will strive to provide a compelling case. To prevent a drawn-out trial, the manufacturer will frequently make a settlement offer.

Seek an Ozempic Trial or Settlement

A trial may be necessary in your case if a settlement cannot be reached. In court, your attorney will represent you and provide arguments and supporting documentation for your position. If you win, you can be compensated for the harm you experienced.

Getting legal help to fight Ozempic is a critical step in securing justice and monetary damages for your injuries. The expert staff of lawyers at MGM Injury Attorneys have vast experience in handling pharmaceutical product liability and malpractice cases. Contact MGM today and get the representation that you deserve! Call for a free evaluation.

Why You Should Hire a Workers' Compensation Attorney

Tue, 25 Jun 2024 14:32:44 GMT

A work-related injury has the potential to drastically change your life, affecting not just your well-being but also your career and financial security. The purpose of workers' compensation is to help employees who get hurt at work by paying for their medical bills and lost income. But understanding the workers' compensation system can be difficult, especially if you're already juggling the psychological and physical effects of an injury. The result of your case can change significantly if you hire a workers' compensation lawyer.

In-Depth Workers’ Compensation Knowledge

Workers' compensation attorneys are experienced in this area of law and have a comprehensive understanding of the rules, regulations, and procedures involved. Their expertise can ensure that you receive the benefits you are entitled to and helps you avoid common pitfalls that could jeopardize your claim.

Accurate Workers’ Compensation Claim Filing

Filing a workers' compensation claim involves a lot of paperwork and strict deadlines. Your attorney can help you complete and submit your claim accurately and on time, reducing the risk of delays or denials due to administrative errors.

Proper Evaluation of Your Workers’ Compensation Claim

A workers' compensation attorney can thoroughly evaluate your claim to ensure that all your injuries and losses are documented and compensated. They can help you obtain benefits for medical expenses, rehabilitation costs, lost wages, and disability, whether temporary or permanent.

Legal Negotiation Skills for Your Workers’ Comp Claim

Insurance companies often aim to minimize their payouts. An experienced attorney can negotiate with the insurance company on your behalf to ensure you receive a fair settlement. They understand the tactics insurers use and can counter them effectively.

Challenging Denied Workers’ Compensation Claims

If your workers' compensation claim is denied, an attorney can help you understand the reasons for the denial and guide you through the appeals process. They can gather additional evidence, present a strong case, and represent you in hearings to overturn the denial.

Ensuring Fair Treatment Throughout Your Workers’ Compensation Claim

Employers and insurance companies may not always act in your best interest. A workers' compensation attorney ensures that your rights are protected throughout the process. They can prevent your employer from retaliating against you for filing a claim and ensure that you are treated fairly.

Comprehensive Workers’ Compensation Legal Advice

Your attorney will provide comprehensive legal advice tailored to your specific situation. They can explain your rights, outline your options, and advise you on the best course of action. This guidance is crucial for making informed decisions about your case.

Having a professional advocate on your side provides peace of mind. You can trust that your attorney is working diligently to secure the best possible outcome for you, giving you confidence and reducing anxiety about the process. Contact the expert lawyers at MGM Injury Attorneys in Baton to get the legal representation you deserve in your workers’ compensation case.

6 Common Mistakes to Avoid in Workers' Compensation Claims

Mon, 24 Jun 2024 14:34:19 GMT

An injury sustained at work can be upsetting and frustrating. In addition to the physical suffering, submitting a workers' compensation claim can seem like a complex legal task. Even while the system is set up to help injured workers, there are several things you can do to make sure your claim goes through smoothly and successfully. Likewise, some actions can put your claim in jeopardy. Here are six critical mistakes to avoid if you're injured on the job.

Do Not Delay Reporting a Workplace Injury

There are strict deadlines in most states for notifying your employer of an injury sustained at work. Your claim can be compromised if you fail to report the accident as soon as possible, and it may be more challenging to draw a link between your job responsibilities and the injury.

Seek Medical Attention Immediately After a Workplace Injury

After suffering a workplace injury, it's imperative to get medical help right away, even if it looks minor. In doing so, a record of the injury and its cause is created. Postponing medical attention may cause concerns regarding the extent of the harm and its relevance to the workplace.

Do Not Ignore Your Doctor's Orders After a Workers' Comp Injury

It is critical to adhere to your doctor's recommended treatment plan. This includes keeping all scheduled appointments, finishing any required physical treatment, and taking prescription drugs as prescribed. If you don't adhere to medical advice, it may harm your claim and cast doubt on your dedication to getting better.

Don't Accept a Quick Settlement Without Legal Review During a Workers' Compensation Claim

Even though a quick settlement may sound appealing, it's crucial to comprehend your rights and any potential long-term advantages. An expert workers' compensation lawyer can examine the settlement offer to make sure your future needs, lost pay, and medical costs are sufficiently covered.

Be Sure to Keep Detailed Records About Your Workplace Injury and Workers' Comp Claim

Keep thorough documents of all the information pertaining to your injury claim. This includes correspondence with your employer and insurance provider, accident reports, medical bills, doctor's notes, and any documents related to missed income. Having well-organized records will facilitate the workers’ compensation claims procedure and offer proof to back up your assertion.

Do Not Post on Social Media During Your Workers' Comp Claim Process

Sharing specifics about your injury and recovery process on social media may sound interesting, but proceed with caution. Insurance companies may use posts on social media against you. Posting anything that goes against your story or gives the impression that you are doing things that aren't consistent with your injury should be avoided.

Workers' compensation claims can be complicated, and navigating the process of legal experience isn’t easy. A knowledgeable workers' compensation lawyer can manage the intricate legal facets of your claim, protect your rights, and make sure you are aware of your alternatives.

Staying away from these typical blunders and consulting an attorney can help you through the workers’ compensation claim process. This enables you to concentrate on your recovery and receive the assistance you are due throughout this trying period. If you’ve experienced a workplace injury or have a workers’ compensation claim, contact the experienced , expert attorneys at MGM Injury Attorneys in Baton Rouge .

Understanding the Difference Between Workers' Compensation and Personal Injury Claims

Tue, 21 May 2024 16:16:38 GMT

Accidents at work can be scary and stressful. In addition to the physical injuries, it can be difficult to navigate the legal system. What is the difference between workers' compensation and personal injury? These are two frequently used terms. Which course of action to take will depend on what caused your accident.

Workers' Compensation: A No-Fault System

Employers are required by law in Louisiana to pay workers' compensation, which is a safety net for workers who are hurt at work or while doing their jobs. Because it's a no-fault system, you can collect benefits without having to demonstrate that your employer's carelessness caused the injury.

What Workers' Compensation Covers

Medical expenses: Workers' comp typically covers all necessary medical care related to your work injury, including doctor visits, surgeries, and rehabilitation.
Lost wages: You may receive a portion of your regular wages while you're unable to work due to your injury.
Temporary or permanent disability benefits: If your injury results in long-term disability, you may be eligible for ongoing financial support.

Personal Injury Claims: Fault Matters

Personal injury claims may involve filing a lawsuit against a party whose negligence or recklessness caused your injury. This could be another company on the worksite or even a third-party vendor.

What Personal Injury Claims Can Recover

Medical expenses: Similar to workers' comp, this covers all necessary medical bills.
Lost wages: You can recover compensation for lost income due to your injury.
Pain and suffering: Unlike workers' comp, personal injury claims allow compensation for the physical and emotional pain caused by your injury.
Loss of earning capacity: If your injury limits your future earning potential, you may be compensated for that loss.

To win a personal injury case, you need to prove the other party's negligence caused your injury. This typically involves gathering evidence and witness statements to demonstrate their fault.

Which Legal Option is Right for You?

If your injury happened on the job during your regular duties, then workers' compensation is likely the appropriate path. However, if a third party (not your employer or coworker) caused your injury, you might be eligible for a personal injury claim.

Here's a quick breakdown:

Was the work injury caused by employer/coworker negligence? Consult with a workers' compensation attorney.
Work injury caused by a third party? Explore a personal injury claim with a personal injury lawyer.

Seeking Legal Guidance for Workers’ Compensation and Personal Injury

Regardless of the path you choose, consulting with a qualified attorney is crucial. The expert staff of lawyers at MGM in Baton Rouge are experienced in both workers’ compensation and personal injury cases. They are here to help you get the compensation that you deserve.

Louisiana Workers’ Compensation Attorneys: What are the First Steps After a Workplace Injury?

Wed, 15 May 2024 16:38:05 GMT

In Louisiana, workplace accidents are not uncommon. Knowing what to do if you get hurt at work is essential to safeguard your rights and health. Accidents can occur in any workplace, whether it's a physically demanding job like construction or a more passive role. Under Louisiana's workers' compensation system, employees who sustain injuries at work are entitled to certain rights and benefits. But figuring out the procedure can be tricky.

What Should You Do After a Workplace Accident?

If you get hurt at work in Louisiana, the first and most crucial thing to do is notify your employer immediately . Doing this ensures that your employer is aware of the situation and can respond to it appropriately. To safeguard your rights, you must disclose your injuries as soon as possible, even if they initially appear to be minor. Next, you need to get medical help as soon as you can after reporting it. This not only guarantees that you receive the appropriate care, but it also documents your injuries and can be helpful should you ever need to make a workers' compensation claim.

After receiving medical assistance, adhering to your doctor's treatment recommendations is critical. Ensure you maintain thorough documentation of any medical care associated with your injuries, including consultations with doctors, prescription drugs, and additional costs paid due to the injury.

Why is Communication Important During a Workers’ Compensation Claim?

Throughout the process, it's crucial to maintain open lines of communication with your employer's insurance provider. Keep them updated on any changes to your health and medical status, and ensure you follow their directions when submitting a workers' compensation claim. Their involvement is key to ensuring your claim is processed correctly.

Should You Find an Attorney After a Workplace Injury?

Considering the potential complexities of the workers' compensation system to seek legal counsel. An experienced workers' compensation lawyer can guide you through the legal process, ensuring your rights are upheld at every step. Their expertise can be invaluable in securing the compensation you deserve.

In the event of a workplace injury in Louisiana, you can safeguard your future well-being, rights, and health by acting swiftly and responsibly. The attorneys at MGM Injury Attorneys in Baton Rouge specialize in workers' compensation cases and are here to get you the compensation you deserve.

Why Smaller is Smarter for Personal Injury Representation

Fri, 03 May 2024 16:50:06 GMT

In the vast landscape of personal injury law in Baton Rouge , MGM Attorneys is a testament to the power of a small, dedicated team. Facing giants in a highly competitive market, our firm—MGM Attorneys—presents a compelling alternative to the impersonal experience often found at larger, more commercial "Law Mart" firms.

Debunking the Allure of Large 'Law Mart' Law Firms in Baton Rouge

The allure of large law firms is undeniable. They dominate TV ads, billboards, digital ads, and social media feeds, promising top-tier legal representation. Yet, the reality often falls short of these promises. At these "Law Mart" firms, you're likely to be just another case file, handled not by the seasoned attorney you see in advertisements but by a less experienced lawyer cutting their teeth on your critical case. Nobody wants their case to be the guinea pig, but this happens far too often with larger personal injury firms.

Choosing A Baton Rouge Personal Injury Attorney

MGM Attorneys: Personal injury cases are complex, and navigating the legal system can be daunting. At MGM, we guide you through this maze with the expertise of a seasoned explorer. Our deep understanding of the legal landscape ensures a smoother journey and favorable outcome.

Law Mart: On the flip side, larger firms may treat your case as just one of many, leading to a one-size-fits-all strategy that needs to account for the unique aspects of your situation, potentially overlooking critical paths or shortcuts that could benefit your case.

Tailored Attention Provided by a Baton Rouge Attorney

MGM Attorneys: At MGM, you are not a case number. We take the time to understand every detail of your situation, ensuring that every strategy and decision aligns with your needs and goals. You often speak with one of the firm's partners at MGM Attorneys .

Law Mart: Large firms typically focus on handling a high volume of cases, which results in less personalized attention. You're unlikely to work directly with the firm's partners, and your case may be quickly assessed and managed, lacking the customized service that could crucially impact the outcome.

Louisiana Law Experts in Personal Injury Cases

MGM Attorneys: Our attorneys are not just experts in the law; they are woven into the fabric of our community. We understand local Louisiana regulations and the nuances of our legal environment, an edge that translates into better, more tailored advice and strategies for your case.

Law Mart: In contrast, a large "Law Mart" firm often lacks this local connection, which may result in a generic approach that fails to leverage local legal nuances beneficial to your case.

Stronger Attorney-Client Relationships

MGM Attorneys: We pride ourselves on building meaningful connections with our clients . Understanding your case deeply and caring about your concerns establishes a foundation for trust and success, which are critical in legal representation.

Law Mart: In a large firm setting, you may feel disconnected from the process, as your case is handed off from one attorney to another, weakening the attorney-client bond and potentially impacting the effectiveness of your representation.

Choose Quality and Personalized Care for Your Personal Injury Attorney

When it comes to legal representation, bigger is rarely better. Just as you might choose a custom-tailored suit over a mass-produced one, selecting MGM means choosing a firm that will meticulously craft legal strategies to fit your case.

Are you facing a tough legal battle ahead? Don't settle for the factory-style approach of a "Law Mart" attorney. Contact MGM Attorneys to leverage our dedicated, experienced, and personalized approach for securing the settlement you deserve.

Pressure Sore Lawyers: The Importance of Preventing Bed Sores

Sun, 31 Mar 2024 15:57:34 GMT

One of the most important aspects of caring for people who are bedridden or have restricted movement is preventing bedsores , often known as pressure ulcers. When pressure is applied to the skin for an extended length, it can reduce blood flow to the area and cause tissue damage, resulting in these wounds. Preventive treatments are crucial, but addressing existing bedsores also requires medical interventions. Turn scheduling and daily maintenance are two of the most important preventive measures for maintaining the integrity and health of the skin.

Turn schedules entail moving people who cannot move independently regularly. Caregivers can reduce pressure on sensitive body parts such as the buttocks, hips, heels, and elbows by shifting positions every few hours. By distributing pressure more evenly, this rotation lowers the chance of causing tissue injury and improves skin circulation.

Daily care routines must avoid bedsores in addition to turn schedules. Essential elements of this care include keeping skin integrity, eating a healthy diet, and practicing good hygiene. Caregivers should ensure the skin is dry and clean and use mild cleansers and moisturizers to prevent irritation and chafing. Hydration preserves skin suppleness, and a well-balanced diet high in protein, vitamins, and minerals promotes skin health and tissue healing.

Additionally, shift schedules and daily care initiatives can be enhanced using specialized support surfaces, such as pressure-relieving mattresses and cushions. By distributing pressure more equally across the body, these surfaces lessen the possibility that pressure ulcers will develop in high-pressure and friction areas of the body.

Daily care and turn routines are crucial elements of bedsore prevention strategies . Caregivers can assist in shielding vulnerable people from the excruciating and potentially fatal effects of pressure ulcers by establishing regular repositioning routines, upholding good hygiene, ensuring the patient gets enough food, and employing support surfaces. Healthcare providers and caregivers can maintain the most significant levels of skin integrity and advance their patients' general well-being by providing diligent care and close attention to detail.

Turn to MGM Attorneys for expert legal representation in medical malpractice cases. Contact us for a free consultation and dedicated legal support.

Medical Malpractice in Louisiana: Understanding Common Nursing Home Injuries

Thu, 28 Mar 2024 14:53:33 GMT

Typical nursing home injuries that lead to medical malpractice lawsuits include pressure ulcers (bedsores), falls resulting in fractures or head injuries, medication errors leading to adverse effects or overdose, malnutrition or dehydration, infections due to poor hygiene or inadequate wound care, and neglect or abuse by staff members. These injuries often occur due to insufficient staffing, improper training, neglect of residents' needs, or failure to provide necessary medical care. When nursing homes fail to uphold their duty of care, harming residents, families may pursue legal action to seek justice and compensation for the damages incurred.

Bedsores and Pressure Ulcers in Nursing Homes

When residents are left in the same position for long periods without adequate movement or care, they can develop painful and potentially life-threatening bedsores .

Falls in a Nursing Home

Unsafe surroundings, a lack of supervision, and a failure to provide people with mobility assistance can all raise the chance of falls, which can lead to severe consequences like fractures and brain injuries.

Malnutrition and Dehydration in a Nursing Home

Inadequate hydration and nourishment can cause weight loss, cognitive decline, frailty, and other health problems in residents.

Nursing Home Medication Errors

Incorrect dosages or improper drug administration can have detrimental effects on residents' health and well-being.

Emotional and Psychological Trauma While in a Nursing Home

Anxiety, despair, and a deterioration in general mental health can result from people feeling alone, uncared for, and abandoned.

These are only a few instances of the harm resulting from negligence in nursing homes. If you believe your loved one is being ignored, it is imperative that you are aware of these dangers and take action.

Legal Ramifications for Nursing Home Negligence in Louisiana

Negligence on the part of nursing homes violates the duty of care due to their inhabitants. Nursing home neglect carries legal repercussions in Louisiana, and victims are entitled to damages and compensation for their injuries.

If negligence is established, the assisted living facility may be responsible for lost profits, medical costs, pain and suffering, and emotional anguish. It's critical to speak with a medical malpractice lawyer with experience in nursing home abuse cases to fully grasp your legal alternatives and seek compensation for your loved one.

Steps to Take if You Suspect Nursing Home Neglect

To ensure your loved one's well-being, you must act quickly if you believe they are being neglected in a nursing facility. Note any injuries, behavioral changes, or events that seem to point to neglect. If needed, take pictures. Address your complaints to the nursing home administration. They must investigate and respond to claims of neglect. Seek medical assistance to safeguard your loved one's well-being and document the degree of any injuries or health deterioration caused by neglect.

Speak with a trustworthy medical malpractice lawyer who handles claims involving nursing home abuse. They can assist you in pursuing justice for your loved one and help you navigate the judicial system. By following these measures, you can safeguard your loved one and hold negligent people accountable for their careless deeds.

Seeking Legal Assistance for Nursing Home Injury Cases

It is imperative to obtain legal advice to safeguard your loved one's rights and demand compensation if their injuries were caused by nursing home mistreatment. You can advocate for your loved one's best interests and establish a compelling case with the help of an experienced medical malpractice attorney.

When selecting a medical malpractice lawyer, consider their success rate, commitment to justice-seeking, and handling cases involving nursing home negligence. They can assist you in navigating the judicial system, settle disputes with insurance providers, and ensure your loved one gets the money they are due.

Bedsore victims have legal rights and recourse to seek justice for injuries resulting from negligence or malpractice. Caregivers and medical facilities are legally obligated to prevent bed sores and provide appropriate care for at-risk patients. When these responsibilities are breached, victims can pursue personal injury claims to recover damages and hold responsible parties accountable. Turn to MGM Attorneys for expert legal representation in medical malpractice cases. Contact us for a free consultation and dedicated support.

Pressure Sore Lawyers: Legal Rights and Recourse for Bed Sore Victims

Tue, 27 Feb 2024 18:00:00 GMT

Bed sores, also known as pressure sores or ulcers are serious injuries that can occur when individuals are confined to a bed or wheelchair for extended periods. In cases where negligence or malpractice contributes to the development of bed sores , victims may have legal recourse to seek compensation for their injuries.

Understanding Bed Sores and Negligence

Bed sores develop due to prolonged pressure on the skin, often in areas with bony prominences, such as the heels, hips, and sacrum. In cases where individuals are unable to change positions or receive proper care, bed sores can quickly progress from minor wounds to severe, life-threatening infections. Caregivers and medical facilities have a duty to assess patients' risk of developing bed sores and implement preventive measures, such as repositioning, skin inspections, and the use of specialized support surfaces.

What are the Legal Responsibilities of Caregivers and Medical Facilities?

In personal injury cases involving bed sores, you must demonstrate that caregivers or medical facilities breached their duty of care, leading to the development or worsening of bed sores. This may involve proving negligence, failure to assess and mitigate risk factors, inadequate staffing levels, or substandard care practices. Plaintiffs can seek compensation for medical expenses, pain and suffering, disability, and other damages resulting from the bed sores.

What Legal Recourse Do Bed Sore Victims Have?

Bed sore victims have several legal avenues to pursue compensation for their injuries. They may file personal injury lawsuits against caregivers, nursing homes , hospitals, or other healthcare providers responsible for their care. These lawsuits may allege negligence, medical malpractice, or violations of patients' rights. Additionally, victims may seek recourse through regulatory agencies, such as state health departments or nursing home ombudsmen, to hold facilities accountable for inadequate care.

Bed sore victims have legal rights and recourse to seek justice for injuries resulting from negligence or malpractice. Caregivers and medical facilities have a legal duty to prevent bed sores and provide appropriate care for patients at risk. When these responsibilities are breached, victims can pursue personal injury claims to recover damages and hold responsible parties accountable. Turn to MGM Attorneys for expert legal representation in medical malpractice cases . Contact us for a free consultation and dedicated support.

Nursing Home Abuse and Bed Sores in Louisiana: How to Choose a Qualified Attorney for Personal Injury Cases

Mon, 26 Feb 2024 17:34:22 GMT

In situations when bed sores are caused by negligence or medical malpractice, like nursing home abuse , taking legal action to achieve justice and receive the compensation you deserve is often necessary. However, getting the best result from your bed sore lawsuit requires choosing a skilled lawyer. Finding a knowledgeable attorney with experience in filing bed sore claims is crucial to getting what you are entitled to, given the complexity of personal injury cases.

Expertise in Personal Injury Law

When choosing an attorney for bed sore claims, look for a team with a proven track record of success in handling similar cases. An attorney with extensive experience in personal injury law, specifically medical malpractice cases will have the knowledge and skills to navigate the legal process effectively, ensuring that your case is presented compellingly, maximizing your chances of a favorable outcome.

Legal Experience in Medical Malpractice

Bed sores, also known as pressure ulcers, often result from negligence or inadequate medical care, making them a common issue in medical malpractice cases. Therefore, selecting an attorney with experience in medical malpractice law is essential for bed sore claims. These attorneys possess an in-depth understanding of medical procedures, standards of care, and regulations governing healthcare facilities, allowing them to build strong cases against negligent healthcare providers.

A Track Record of Success in Bed Sore Lawsuits

Before hiring an attorney for your bed sore claim, take the time to research their track record of success. Look for testimonials , case results, and client reviews to understand their reputation. A reputable attorney will have a history of securing favorable settlements for their clients, demonstrating their ability to deliver results in similar cases.

Compassionate and Client-Centered Approach to Bed Sore and Malpractice Victims

Dealing with the consequences of bed sores can be physically, emotionally, and financially draining. Because of this, choosing an attorney with a compassionate and client-centered approach to your representation is essential. A good attorney will prioritize your well-being, listen to your concerns, and communicate with transparency and empathy throughout the legal process, providing you with the support and guidance you need during this challenging time.

Selecting a qualified attorney for bed sore claims in personal injury cases is a critical decision that can significantly impact the outcome of your case. The experts at MGM Attorneys are here to provide you with the legal representation in medical malpractice and bed sore cases that you need. Contact us for a free consultation and dedicated legal support.

Bed Sore Lawyers: Understanding The Stages, Prevention, and Treatment of Bed Sores

Tue, 23 Jan 2024 18:49:31 GMT

Bed sores, also called pressure ulcers or pressure sores, are a common problem for those with restricted mobility, particularly those who spend a lot of time in beds or chairs. These sores develop in phases, requiring different care and attention. Here is a closer look at the varying stages of bed sores and how they can be prevented and treated.

Bed Sore Stage 1: Early Warning Signs

The initial stage of a bed sore involves mild skin reddening, warmth, or irritation. When pressure is applied, the affected area may not blanch (turn pale), indicating potential damage. Recognizing these early signs is crucial for timely intervention.

Bed Sore Stage 2: Partial Thickness Skin Loss

As the bed sore progresses, it advances to Stage 2, characterized by a shallow, open wound. The skin is visibly damaged, exposing the underlying tissue. Pain and discomfort intensify, emphasizing the need for meticulous care to prevent further deterioration.

Bed Sore Stage 3: Full Thickness Skin Loss

The bed sore deepens at this stage, extending into the subcutaneous tissue. The wound resembles a crater, and infection risks escalate. Adequate medical attention involving comprehensive wound care and infection control measures is essential.

Bed Sore Stage 4: Extensive Tissue Damage

The most severe stage involves extensive tissue loss, reaching the muscle, bone, or supporting structures. The bed sore becomes a critical medical concern, with increased risks of infection, sepsis, and potential complications. Treatment often requires surgical interventions and ongoing medical management.

Pressure Sore Prevention Strategies

Many proactive techniques that can reduce pressure on sensitive regions and enhance general skin health are used to prevent bed sores. Skin breakdown is less likely when good hygiene habits maintain cleanliness and moisture management, and pressure is distributed more uniformly when support surfaces are used. Bed sore prevention measures can be incorporated into daily care routines to significantly lower the chance of developing bed sores for at-risk patients.

Regular Repositioning to Prevent Bed Sores

Repositioning patients at risk of bed sores can help relieve pressure on sensitive areas.

Proper Nutrition for Pressure Ulcer Prevention

Sufficient nourishment, encompassing a well-proportioned diet high in protein and vitamins, promotes skin health and helps avoid bed sores.

Hygiene and Moisture Control Prevents Bed Sores

It's essential to keep the skin dry and clean. Maintaining good hygiene and controlling moisture helps shield the skin from damage and lowers the chance of infection.

Support Surfaces for Bed Sore Prevention

Superior support surfaces, including specialty mattresses and cushions, equally distribute pressure, lowering the risk of pressure sores.

Prevent Pressure Sores with Regular Skin Inspections

Regular skin examinations make it possible to identify potential pressure points early on and take immediate action.

Treatment Options for Bed Sores

The goals of bed sore treatment are reducing pressure on the afflicted areas, controlling infections, and encouraging wound healing. In advanced cases, surgical intervention may be required to address significant tissue damage and promote recovery. The stage of the bed sore and the promptness of action will determine the effectiveness of any treatment.

Wound Care for Bed Sores

Each course of treatment entails careful wound care, which includes debridement, cleansing, and the application of specialty dressings that encourage healing.

Infection Control for Bed Sores

It's vital to control and prevent infections. If a disease appears, a prescription for antibiotics may be issued.

Offloading Pressure for Bed Sore Treatment

Impacted areas need to be under less pressure. Pressure can be released with the help of support surfaces, customized cushions, and repositioning.

Bed Sore Surgical Interventions

In more severe situations, surgery may be required to treat significant tissue damage and encourage healing.

Understanding the stages of bed sores empowers individuals, caregivers, and healthcare professionals to implement effective prevention and treatment strategies. By prioritizing preventive measures, maintaining good hygiene, and seeking timely medical attention, the impact of bed sores can be mitigated, contributing to improved overall well-being for individuals with limited mobility.

Turn to MGM Attorneys for expert legal representation in medical malpractice cases . Contact us for a free consultation and dedicated legal support.

The Crucial Role of a Board-Certified Medical Malpractice Attorney in Bed Sore Litigation

Fri, 19 Jan 2024 17:33:32 GMT

Navigating the complexities of medical malpractice cases , especially those involving bed sores, requires the expertise of a board-certified attorney. This blog explores the significance of this certification in the legal field and why it's vital for your case.

Why Your Attorney Should Be Board Certified

Just as you trust a board-certified physician for medical care, choosing a board-certified attorney for legal matters in medical malpractice is equally important. Ben Mouton from MGM Attorneys exemplifies this standard. As one of only 17 lawyers in Louisiana certified in medical malpractice law by the American Board of Professional Liability Attorneys , he brings unparalleled expertise to your case. Contact our Baton Rouge office for a free consultation to discuss your situation.

What is a Board Certified Attorney?

A board-certified attorney is a specialist who has undergone extensive additional training and examination and demonstrates higher expertise in their specific legal field. This certification indicates a commitment to excellence in medical malpractice law.

The Importance of Board Certification in Medical Malpractice Cases

Expertise and Experience: These attorneys showcase expertise through extensive examination and experience in their specialization, which is crucial for complex medical malpractice cases.
Professional Recognition: Board certification represents a recognized standard of professionalism in the legal community, ensuring competent handling of your case.
Staying Informed: Board-certified attorneys must remain current with the latest legal developments, bringing effective strategies to your case.

The Role of a Medical Malpractice Attorney in Bed Sore Litigation

Case Assessment: They possess the understanding to accurately assess bed sore cases , determining the occurrence of medical negligence.
Evidence Gathering: Proficient in medical terminologies and procedures, they can effectively gather and interpret medical records and evidence.
Expert Testimony: Their connections allow for consulting with medical experts to provide testimony on standards of care and breaches.
Negotiation and Litigation: Specialized knowledge enables them to negotiate settlements or litigate with an in-depth understanding of medical malpractice laws.

Identifying a Board Certified Attorney

Certification Verification : Look for certifications from legal boards like the American Board of Professional Liability Attorneys .
Professional Directories : Use state bar associations, like the Louisiana State Bar Association , or legal directories to locate board-certified attorneys.
Direct Inquiries : During consultations, ask about their certification, experience, and track record.

Understanding Board Certification

Board certification sets a higher standard, ensuring better service to clients. Attorneys must meet strict criteria, including years of practice, peer and judicial review, passing a written examination, and specific case experience.

Oversight and Categories

Overseen by state bar associations and national organizations, board certification spans various fields like Civil Trial Advocacy, Medical Malpractice, and Worker's Compensation Law.

Rarity and Professional Standing

Less than 3-5% of attorneys achieve this status, reflecting their dedication and comprehensive understanding of their practice area. Attorneys can only refer to themselves as specialists if officially board-certified.

For expert legal representation in your medical malpractice case, turn to MGM Attorneys. Led by Ben Mouton, a board-certified specialist in medical malpractice law, our team offers informed, precise guidance throughout your case. We focus on delivering results, not just promises. Contact MGM Attorneys in Baton Rouge for a free consultation and experience dedicated, effective legal support.

New Technology Could Protect Teen Drivers from Crashes

Tue, 10 Oct 2023 17:15:00 GMT

When a teenager earns their driver’s license, it is a moment of joy for the teenager and anxiety for the parent. Every mother or father worries about their teen child, especially when that child is behind the wheel of a two-ton automobile. To protect young drivers, many auto manufacturers have rolled out new technological features designed to reduce accidents involving teenagers.

Technology to help teens

Though not every car features cutting-edge safety technology , it is becoming more and more prevalent. Your next motor vehicle purchase could very well include one or more of these features:

Teen driver mode: Parents could put a car into teen driver mode to activate several corresponding safety features to encourage good driving habits.
Buckle to drive: With this feature, a car would not activate unless the driver and passengers buckle their seatbelts.
Speed warning and speed restriction: Simple but innovative tools that would warn a driver if they are traveling at unsafe speeds or could restrict a car’s speed to a pre-set limit.
Report card: The report card feature would allow parents to check their child’s driving statistics, including average speed, number of speed warnings and use of avoidance braking.

Most teenagers are champing at the bit to get behind the wheel of a car on their own for the first time. For you, the parent, these features could keep your kids safe and give you much-needed peace of mind.

What to do if your teen is in an accident

Granted, even the most innovative technology cannot always prevent a crash. If your teenager is involved in an accident, here is what you can do:

1. Get them medical treatment immediately

2. Contact the police to have them file a report

3. Write down the name, contact information and insurance info of the other driver

4. Do NOT speak to any insurance companies; instead, consider your legal options

We wish you and your teenager safe driving for years to come.

The Basics of Vicarious Liability and Car Accidents

Fri, 29 Sep 2023 17:00:00 GMT

Those involved in car accidents involving commercial or private vehicles may have heard of the term “vicarious liability” but are unsure of what it means. Vicarious liability could mean that the owner of the vehicle is held liable for a car accident, even when they were not the driver. There are several situations in which this could happen.

It’s important that you take the time to understand whether vicarious liability will apply to your situation since this could potentially affect your liability. The following is an overview of vicarious liability, the situations in which it tends to apply, and the possible defenses that employers could use to avoid being held vicariously liable.

Respondeat superior

The legal principle of respondent superior holds employers liable for the negligence of their employees in some cases. Translating to “let the master answer” it holds the employer responsible because they made the choice to hire the negligent employee.

Vicarious liability and employers

In general, the legal principle of respondeat superior means that employers will be held vicariously liable if three conditions are present. First, the negligent incident must have occurred when the employee was “on the clock.” Second, the incident should have occurred when the employee was participating in a work-related activity, such as making a delivery. Third, the employer should have benefited in some way from the activity that the employee was performing at the time of the incident.

Defenses to claims of vicarious liability

Employers commonly defend themselves in vicarious liability suits by arguing that their employee was not acting within the scope of their employment. For example, they may try to dispute the necessity of the car journey that resulted in a collision and try to argue that the employee was making a journey for personal reasons.

Alternatively, they may try to argue that they do not have responsibility for the employee’s actions because they were technically not an employee at all. Those hired as undefended contractors are not subject to the same laws when it comes to vicarious liability, and therefore they are likely to be held personally liable.

If you have been recently involved in a car accident and you’re wondering whether your employee should be held responsible, it’s important that you take the time to understand your rights under the law.

Where do Car Accidents Happen Most Often?

Fri, 15 Sep 2023 16:15:00 GMT

Most Baton Rouge area drivers will get into at least one car accident during their driving career. Fortunately, most of these accidents are minor fender-benders but occasionally a serious car accident occurs where a victim’s life is changed forever. Baton Rouge area residents may wonder where car accidents occur the most.

Of course, a car accident can occur anywhere but there are certain places that are more prone to accidents. These include:

Neighborhoods

Many driver’s education teachers will teach their students that most accidents happen within 5 miles of their homes . The majority of accidents occur close to home and in a person’s own neighborhood. When a person is close to home their brain may be on auto pilot and not as attentive to their surroundings. They may not use their active driving skills.

Parking lots

Combining drivers backing out of parking spots, pedestrians, and stressed out drivers looking for parking, parking lots are a common place for accidents to occur. Common parking lot accidents include vehicles backing into someone else, vehicles sideswiping others, and pedestrians getting injured.

Daily commutes

When a Baton Rouge driver is in their daily commute they may not always be focused on driving. Multitasking happens a lot during a commute including putting on makeup, talking on the phone, eating breakfast, shaving, etc. Any distracted driving activity is a recipe for an accident.

When a person is involved in a serious accident it can be life changing. If a person is seriously injured in an accident due to no fault of their own, they may want to speak with a legal professional who is skilled in personal injury. An attorney can visit the accident scene and interview witnesses and review the police report to determine what happened and who is at fault. Compensation may be available for medical expenses, pain and suffering, lost wages and other damages.

The Risk of Subconscious Driving

Tue, 05 Sep 2023 15:15:00 GMT

There’s a serious issue with how often we drive. The problem is that making driving so normal and routine also makes it feel more like a habit than an active event. The first time you got behind the wheel, you were likely very conscious of every little decision you made. But after you’ve been driving for ten years? You do most of that on autopilot.

How habit and routine can lead to danger

Researchers call this subconscious driving . And it can absolutely lead to car accidents.

One problem is that drivers may not adjust to the real-world conditions around them. It gets foggy, for instance, and they just keep the cruise control on because that’s what they always do. The roads get wet and they don’t slow down, driving just as they would on dry roads and risking losing control.

Driving is an activity that people really need to be engaged with every step of the way. They need to pay attention, drive defensively, adjust for conditions and do what they can to reduce the odds of a crash. Subconscious driving doesn’t do any of that, and it puts everyone at risk.

There’s also the chance that it can turn into distracted driving as a person’s mind wanders. They may start thinking about the workday ahead, their plans for the weekend or the conversations they need to have with friends or family members. When these thoughts take over, reaction times drop significantly.

Have you been injured?

If a driver who was essentially on mental autopilot runs into your car and injures you, be sure you know how to seek financial compensation .

Patients Always Deserve Proper Medical Care

Fri, 11 Aug 2023 15:30:00 GMT

Medical malpractice cases can hinge on a variety of factors, like a patient receiving substandard care. In the medical community, the s tandard of care establishes the bare minimum that a patient should expect. Unfortunately, it isn’t always easy to figure out exactly what that standard is because it changes according to the situation. There are several factors that come into the picture in these cases.

One of the primary factors is what information the doctor had. This includes test results, the patient’s medical history and any symptoms or other information provided by the patient. The doctor has to put all of that together and try to determine what conditions are likely. This isn’t always easy because different conditions can initially present the same, but they will have different treatments.

Another factor is the doctor’s training. You wouldn’t expect that a general practitioner would know how to handle a rare neurological condition in the same manner as a neurologist. In this case, the specialist would be held at a higher standard for the patient’s care.

Because of the fluid nature of standard of care, it is often challenging to get proof of negligence when a patient suffers harm. Many of these cases hinge on another medical professional’s testimony about which standard of care should apply in the case. As you can imagine, some doctors won’t speak out against their colleagues, so there is some challenge in finding one who will. The ones who will usually believe that patient safety and care are the top priorities.

If you think that you have received substandard care and suffered har m by it , you should file your case as soon as possible. You only have a short window to do this before the case proscribes.

When Road Issues Cause Accidents

Fri, 04 Aug 2023 16:30:00 GMT

Though we often take it for granted, making the trip between work and home safely is no small accomplishment. Driving is dangerous enough with sleep-deprived, distracted or otherwise impaired motorists on the road, but hazardous highways and road defects substantially increase your odds of being involved in a devastating accident.

MGM Attorneys, in Baton Rouge, regularly handle motor vehicle accident cases. We can answer your questions and discuss your legal options.

How road defects can contribute to a single-vehicle crash

A number of unsafe driving conditions may lead to single-car accidents:

Dangerous intersections
Poorly designed and maintained roads
Worn or damaged roadway markings

Say the vehicle next to you swerves into your lane, forcing you onto the shoulder. A poorly maintained shoulder could prevent you from correcting back onto the highway. You wind up in a single-vehicle accident with mounting repair costs, medical expenses and insurance rates, while the distracted driver gets off scot-free. If you have been injured on any of Louisiana’s roads, including I-10, I-12, Greenwell Springs Road or Highway 308, contact MGM Attorneys immediately to discuss your case.

The accident team at MGM Attorneys consults with some of the best accident reconstruction specialists in Louisiana. Road defects or other hazardous driving conditions could lead our traffic collision experts to determine a government entity was at fault. In some cases, we may file claims against multiple defendants for the same motor vehicle wreck.

Single-car accidents and other motor vehicle crashes are responsible for millions of serious personal injury cases every year. When unsafe road defects and driving conditions turn you into a statistic, our experienced accident lawyers give your case the personal attention it needs to get the best results possible.

Know Your Options for Dealing with Medical Malpractice

Tue, 18 Jul 2023 17:00:00 GMT

Medical malpractice cases are often very difficult for the victims. Not only are they dealing with the physical impacts of the malpractice, they are also having to handle the emotional damage that comes from being harmed by a person they placed their trust in. We know what a difficult situation this is, so we are here to help individuals who have gone through this.

As you are thinking about the impact of the malpractice , you need to look beyond only the medical care that you need because of it. Instead, think about all the ways that you’ve been affected by it. This might be missed work, which means you didn’t have the income you would have had if the malpractice hadn’t occurred.

You also need to think about the time that you had to take off work and used paid time off. This includes sick leave, vacation pay and other personal days. This can be included in the claim for compensation when you file due to the medical malpractice.

There is also the chance that you’ll need assistive devices or personal assistance with daily tasks. If this is the case, those costs might also be included in the medical malpractice claim. Other expenses might also be part of the case.

We realize that this is a lot to deal with, but we are here to help you as you go through the process. Instead of you trying to work on building the case, we can do that while you focus on continuing to heal from the damage that was done to you.

Pedestrian Accidents Troublingly High in Louisiana

Fri, 23 Jun 2023 16:15:00 GMT

In Louisiana and across the United States, when a pedestrian is hit by a motor vehicle, there is a significant chance that there will be major injuries and even fatalities. Given the technological advancements available today, it is easy to think that safety would improve. Unfortunately, other factors such as distracted driving, recklessness, failure to adhere to the rules of the road, driving under the influence and other negligent behaviors place pedestrians in constant jeopardy.

Report says Louisiana near the top of the list for pedestrian risk

Researchers try to assess how and why these accidents happen to formulate strategies to reduce their frequency. A recent report from Smart Growth America says that Louisiana is a high risk state for pedestrians and Baton Rouge is especially treacherous. The study assessed the number of pedestrian deaths with its analysis calculating other factors such as how many people lived in a certain location and how often people walked during the decade from 2010 to 2019.

The report – called Dangerous by Design – places Louisiana sixth of the 50 states in the level of risk to pedestrians. Baton Rouge is the 16th ranked city out of 100 listed on its danger index. In the decade, Louisiana had 1,118 pedestrian deaths; Baton Rouge had 211. In the last decade, pedestrians being hit and killed in an auto accident spiked by 45% with nearly 53,500 deaths. Comparing that to the number of passengers inside vehicles who were killed and its rise was 3.7%. It is clear where the trends are headed. Demographic issues were also considered. Older people, residents in low-income areas and people of color were more commonly seen in the accident statistics than others. Road design is also a problem because pedestrians are not given priority on many streets.

After a pedestrian accident, long-term problems can result

Those who have been hurt in a pedestrian accident will inevitably face myriad challenges as they try to recover. There are obvious injuries like head trauma, spinal cord damage, broken bones and cuts. All can result in an extended hospital stay, lost income from not being able to work, the inability to play an active role with a family, and long-term damage that the person will never fully recover from. Even people who do not believe they were seriously hurt could have soft tissue injuries that manifest well after the collision took place. Families that have lost a loved one will deal with a variety of emotional, personal and financial challenges. Knowing how to respond is imperative.

Having professional advice is a wise step

Because insurance companies will want to keep costs in line, it is likely that a victim of a pedestrian accident will receive a call from the insurer to try and gather information and possibly reduce what it might pay because of something the person says. Victims should be reluctant and divulge no information before having an advocate give them guidance. After getting treatment, no matter how severe or limited the injuries are, it is important to have professional assistance in the available options to cover for all that was lost. When there was a fatal pedestrian accident, the family left behind should also be shielded in this way. The threat to pedestrian safety is very real and it is critical to be prepared and protected.

Signs That a Driver is Under the Influence

Wed, 21 Jun 2023 16:15:00 GMT

If you’ve been involved in a crash caused by a drunk driver, you’re probably going to be looking for them everywhere as you get behind the wheel again. There are a lot of people driving under the influence this time of year. However, unfortunately, drunk and drugged drivers are a year-round problem on our roads.

By being able to spot a driver who’s under the influence before they can get close enough to hurt you and getting some additional space between you, you can minimize your chances of a crash. You can then take the necessary steps to alert authorities, so they can stop the driver before they hurt anyone (or themselves).

Here are some common signs that a driver you’re sharing the road with is impaired :

Not staying in their designated lane or weaving within their lane
Abruptly stopping, swerving or turning
Driving too slowly or reacting too slowly to changing traffic lights
Making illegal moves

Once you’re out of the driver’s way and can safely do so, call 911 or have one of your passengers do it. Tell them you suspect that someone is driving under the influence, and provide as much information as possible so that officers can locate them. This includes:

The road they were on and nearby intersections, exits or landmarks.
The direction they’re traveling
Vehicle information (make, model, color and license plate number)

It’s best not to try to follow the driver yourself. You’re only going to further endanger yourself and your passengers. By no means should you attempt to get the driver to stop or engage them in any way. You don’t know what their emotional state is. Leave that to the professionals.

Don’t worry that you’re getting someone in trouble who may not be under the influence. That’s up to law enforcement officers to determine. If someone is driving erratically for any reason, they’re putting others and themselves at risk. They may be falling asleep behind the wheel or even having a medical emergency. You’re doing the right thing by reporting them.

If you’ve been the victim of a drunk driver , regardless of what criminal consequences they may or may not face, you have the right to take legal action to ensure that you get the compensation you need and deserve.

Car Accident Victims Should Always Receive Medical Screening

Sat, 17 Jun 2023 16:15:00 GMT

Car accidents are incredibly common, with hundreds of accidents occurring each day throughout the country. In some instances, car accident victims avoid a complete medical screening after an accident, for a number of reasons. Some victims do not feel any serious pain after an accident and prefer to wait and see if they feel better in the morning before seeing a doctor. Otters victims do not want to waste money on a medical screening to tell them that they don’t have any serious injuries.

Unfortunately, these are faulty reasons for avoiding potentially life-saving medical care. Car accidents often leave victims with serious injuries that they cannot feel for several hours or days afterward. Without a full medical screening, these injuries may continue to grow worse until the victim has a serious problem.

If you or someone you love recently experienced a car accident, seek a complete medical screening from your doctor as soon as you can. While it is possible to experience a car accident without sustaining any injuries, delayed pain injuries can cause painful, costly complications. If you want to protect yourself physically and legally, a full medical screening is a good place to begin.

Many types of delayed pain injuries

The term “delayed pain injury” covers a wide range of injuries. Some of these injuries are painful but not particularly dangerous, such as soft tissue damage, or whiplash. Whiplash may set in after several hours, causing immense pain and stiffness in the affected muscles. Commonly, whiplash affects the neck and back, but may also affect other muscle groups.

A blow to the head may not cause physical danger but can derail a victim’s personal and professional life, if they suffer a mild traumatic brain injury. These injuries can remain hidden for several weeks, and may make it very difficult for a victim to communicate with others or complete simple tasks. Without proper care, a blow to the head can easily wreak havoc in a victim’s life.

Other injuries pose a serious threat to a victim’s life, such as internal bleeding and organ damage. Even minor instances of internal bleeding can lead to a serious infection that may spread to a victim’s brain.

Similarly, partial organ damage may not cause any pain at first, while the victim’s body attempts to heal the organ using its natural processes. However, if the body cannot heal the organ on its own, it may shut the organ down completely. Once one organ is in organ failure, the other organs may also fail. Organ failure is deadly, and is also a very painful way to die.

Protecting yourself while you recover

Protecting your recovery begins with taking the right steps at the right time. If you have not yet received a full medical screening since your accident, make it a point to do so today. The sooner that you begin taking steps to protect yourself, the sooner you can begin building your personal injury claim, if it is is necessary. A strong, well-built claim helps keep your rights secure as you work toward a full recovery from your accident.

How Louisiana Laws Apply to Medical Malpractice Cases

Fri, 16 Jun 2023 15:30:00 GMT

While the majority of patients admitted to hospitals receive competent treatment and make full recoveries, unfortunately, this is not the case for everyone. Some patients suffer from unnecessary pain and suffering due to the way they are treated at the hospital, and in some cases, they even suffer life-altering or even fatal injuries.

If you or a loved one had a negative experience when admitted to a hospital in Louisiana and suffered damages as a result, you may want to consider taking legal action and filing a medical malpractice claim. In order to do so successfully, you will need to understand how the law applies to your situation. The following is an overview of the medical malpractice laws in Louisiana.

The definition of medical malpractice in Louisiana

Each state has its own definition of medical malpractice. In Louisiana, medical malpractice is deemed to have occurred when a health care provider acted below the industry standard of care, and injuries to a patient resulted in this poor care.

“Health care provider” is a broad term

A health care provider can count as anyone who treated a patient who is licensed by the Louisiana State Board of Medical Examiners. For example, a health care provider could be a midwife, podiatrist, occupational therapist or clinical laboratory personnel.

Taking action to file a claim in Louisiana

To be successful in making a medical malpractice claim in Louisiana , you will first need to submit your claim to the State of Louisiana’s Medical Review Panel. When you submit your claim, both the claim and the evidence will be reviewed independently. If you get a favorable outcome, you can then take action to file your case.

Claiming damages

If you are successful, you’ll likely be able to gain back damages for all medical costs as well as compensation for the pain and suffering caused.

If you believe that you are a victim of medical malpractice in Louisiana, make sure that you take action to gain the damages that you deserve .

What is a Good Following Distance?

Thu, 15 Jun 2023 14:07:15 GMT

The police can pull you over for tailgating or following too closely. You can also cause an accident if something unexpected happens in front of you and you do not have enough space to stop. But what is a good following distance? How far back should you stay to avoid these issues?

A minimum of three seconds

Generally speaking, dr iving instructors tell students that the absolute minimum distance they should keep between their car and the next is three seconds. You can simply pick an object on the side of the road, like a speed limit sign, and then wait for the front car to pass it. When they do, count off seconds until you pass it. Doing this periodically can help you get a sense of what three seconds looks like so that you won’t have to do it every time.

Keep in mind that the three-second distance changes with speed. It’s not the same on a city street as it is on the interstate. Plus, you may want to add even more distance, depending on conditions. For instance, if it’s snowing or raining and the road is wet, you need more space to stop. If it’s foggy out, you need more distance to react. Always adjust accordingly.

What if you get hit?

Keeping the right following distance stops you from hitting someone else, but what if another driver follows too closely and hits you? You could suffer serious injuries in such an accident. Make sure you are well aware of your legal rights to seek out proper financial compensation .

You Have Rights when a Car Wreck Kills Your Parent or Spouse

Fri, 09 Jun 2023 16:15:00 GMT

Certain family relationships are so close that your life becomes irrevocably intertwined with that of the other party. The relationship between parent and child is often this intense and important. The same is true for the relationship between spouses in many marriages. There may be a financial and social dependence of one party on the other.

That interdependence means that when a sudden accident, like a motor vehicle collision, claims the life of a parent or spouse, the people dependent on that individual may find themselves in a very difficult position. Not only do they have to deal with the grief that comes from losing a loved one, but they also have to deal with the financial realities of a death.

The many ways a fatal crash impacts your daily life

A fatal car crash can completely change the course of your life. First of all, there will be the psychological and emotional adjustment that comes from losing someone on whom you depend and with whom you have an intense and long-standing bond. That alone could be incredibly difficult. However, the death of a parent or spouse can also have a financial impact on your life, as chances are good that you receive some degree of financial support if you are still a dependent.

You will have to deal with the loss of their income, as well as the expenses related to the fatal crash. Car crashes in Louisiana can cost tens or hundreds of thousands of dollars. Repairing or replacing the vehicle will probably be expensive. Then, there are the medical bills incurred by your loved one before they died. Even if they have a life insurance policy, you will probably need to pay at least some money out of pocket to cover the costs of medical care and a funeral for your loved one.

In a broader sense, your household will also have to absorb the costs associated with the work around the house your deceased loved one used to perform. Whether they mowed the lawn or cared for the kids, those services will either require a significant amount of your time to perform or a substantial amount of money to hire someone else to handle for you.

Louisiana law lets dependents bring wrongful death suits

While it may be a cold comfort in the face of a tragic loss, there is some degree of justice in the ability of those who lose a loved one to hold the other driver accountable for the crash they caused. As long as either negligence, which could involve anything from improper maintenance to texting at the wheel, or a wrongful act on the part of the other driver played a role in the crash, you may be able to bring a claim against them in court.

Louisiana typically limits this right only to dependents, although extended family may receive the same rights if there are no dependent family members. Talking with a Louisiana personal injury attorney after a fatal car crash can be the first step toward minimizing the long-term impact of that loss on your family.

Many Medical Errors Occur Outside of Hospitals

Thu, 08 Jun 2023 16:30:00 GMT

These days, most Americans’ health care is handled in “ambulatory care facilities” such as outpatient clinics and doctors’ offices rather than in hospitals. We go to these facilities for regular check-ups, when we’re sick or injured and even for minor surgical procedures. That means that many medical errors as well as other “safety events” occur in these facilities.

A recently published study by the watchdog group and patient safety organization (PSO) ECRI Institute looked at over 4,000 safety events in ambulatory care facilities to determine the biggest patient safety risks. The three most common safety events , in order, were:

Diagnostic testing mistakes (47%): Almost 70% involved lab tests. Just over 20% involved imaging tests.

Medication errors (27%): These errors were the most common cause of medical malpractice suits against ambulatory care facilities. Most of these involved adverse interactions with other drugs or wrong frequency or dosage.

Falls (14%): Most of these occur in exam rooms . However, they can occur in other parts of the facility, including the waiting room or restroom or even outside. Medical facilities need to make sure that they minimize fall risks since many of their visitors are old, ill and have conditions or are on medications that can make a fall more likely.

The head of the ECRI Institute noted, “As healthcare delivery shifts from hospitals to ambulatory care settings, it can be challenging to coordinate care among various clinicians, systems, and facilities, raising the potential for errors that put patients at risk.” He added, “Reducing and eliminating adverse events in an outpatient environment will require an unprecedented commitment to collaboration and coordination.”

If you or a loved one has been harmed by a mistake or by negligence in an ambulatory care facility that you believe could and should have been prevented, it’s wise to determine whether you have grounds for a malpractice suit to seek compensation for related expenses and damages. An experienced attorney can provide valuable guidance.

Do You Understand Complete and Incomplete Spine Injuries?

Tue, 30 May 2023 16:15:01 GMT

As you probably know, a spinal cord injury can change your life forever. There are many causes of this injury, including but not limited to motor vehicle accidents, sports collisions, falls and acts of violence.

Many people believe that a spinal cord has to be severed in order for loss of function to become a concern, however, this is not true. Bruising, crushing or stretching can lead to the same.

When dealing with a spinal cord injury, you’ll want to learn more about both complete and incomplete injuries. With an incomplete injury, the spinal cord does not completely lose its ability to send and receive messages from the brain. Along with this, movement may be possible below the point of the injury.

A complete injury is different, as this results in a complete lack of motor function and sensory below the injury. While both of these injuries are serious and while both require medical attention, a complete spinal cord injury is typically the more difficult of the two to treat.

Once you know what type of spinal cord injury you or your loved one has suffered, you can then work with the medical team to ensure that the right treatment strategy is employed in the future.

Simply put, any type of spinal cord injury is one that can cause a variety of problems. This will also call for many types of medical treatment. If you suffered a spinal cord injury as the result of another person’s negligence, such as in a car accident, look into all your options for recovering compensation. Any money you receive can be used to treat the injury in the future.

Source: Christopher & Dana Reeve Foundation, “ What is a complete vs incomplete injury? ,” accessed March 03, 2017

How Vicarious Liability Could Help you Make a Car Accident Claim

Tue, 30 May 2023 14:45:00 GMT

If you have recently been involved in a car accident, your chance of gaining back significant damages may depend on your ability to show that the other party was to blame. If you were involved in a collision with a commercial vehicle, you could potentially have more options to show that they were at fault. This is because commercial drivers are held to higher standards than other drivers, and their employer may be liable through the legal theory of vicarious liability.

Vicarious liability means that the employer of a commercial driver could be held liable for their negligent actions if their behavior led to damages. If you are wondering if you could be able to hold a company liable for damages using the theory of vicarious liability, the following article will be able to answer some of your questions.

An overview of vicarious liability

The legal theory of “respondeat superior,” which means “let the master answer” could lead to an employer liable for their employee’s negligent actions. For example, if a commercial driver becomes involved in a collision while working and they are found to be under the influence of alcohol, the employer may be held partially liable because they failed to hire responsible drivers.

Vicarious liability does not only apply to employer s . A person could be found liable for a car accident due to “negligent entrustment” if they lend their vehicle to an unstable or reckless person who becomes involved in a collision.

Showing that the other party was liable

To be successful, you will still need to show that the other party was to blame. Therefore, if it can be shown that you made a driving error, that you were driving over the legal speed limit or that you were engaging in distracted driving, it may prove difficult to make a liability claim. To increase your chances of correctly attributing fault, try to make sure that as much evidence as possible is conserved and used in your favor.

If you believe that the other party was to blame for causing the car accident that you were involved in, you may be able to gain back financial damages as well as further damages for the pain and suffering caused.

What are Never Events in Surgical and Patient Care?

Fri, 26 May 2023 15:45:00 GMT

Individuals who go into a hospital or surgical center for a procedure or care expect that it will be done properly and that things will be handled in a professional and safe manner. While the vast majority of these go off without any issues, there are times when events happen during the procedure that shouldn’t occur. Some of these are deemed never events.

A never event is something that’s preventable that no patient should ever have to deal with. Many of these are associated with surgical procedures, but others have to do with even the most basic care. It’s imperative that anyone who experiences one of these never events takes action to pursue compensation.

What never events occur in surgical procedures?

Never events that happen during surgical procedures include very serious matters like doing the procedure on the wrong patient or doing the wrong procedure on a patient. It can also involve leaving foreign objects in the patient’s body.

Another never event has to do with the patient’s care after the surgery. The medical staff should monitor the patient closely to ensure that the vital signs are within acceptable parameters. They must also watch for signs of an infection. When these aren’t done after surgery, a never event occurs if the patient suffers harm.

What other never events are possible during the patient care process?

There are many never events that are possible during the patient care process . These include events like medication errors, administration of contaminated drugs or using harmful products that lead to serious injuries or death to the patient. Discharging a patient who can’t make decisions on their own is a never event unless the person is released to someone who can care for them.

Grade three or four pressure sores that occur while in the care of a medical facility is another never event. Failing to provide oxygen to a patient who is ordered to receive it, burns that occur during patient care at a facility, and falls that occur in a health care setting are also never events.

For some people, the need to take action after one of these events has to do with more than just being compensated for the damages they’ve suffered. Some people don’t want the same thing to happen to others, so they pursue legal action and file formal complaints. Your attorney can help determine what course of action is possible in your case so that you can take the next steps accordingly.

Can I File a Medical Malpractice Lawsuit in Louisiana?

Thu, 25 May 2023 17:00:00 GMT

What rises to the level of medical malpractice varies by state. This crime is a type of negligence that generally involves a health care provider offering services that are below the standard of care. If that medical practitioner’s actions result in their patient being either injured or dead , then the patient or their loved ones may be able to sue for damages.

Some types of negligence are more common than others. If a patient is administered either the wrong dosage of or the incorrect medication by a member of their medical team, then they may be able to sue for damages. The same logic applies if a patient is misdiagnosed or develops a staph infection.

If doctors leave something inside a patient’s body after surgery, they operate on the wrong body part or cause a birth injury, patient disfigurement or death, then they can also be sued.

A patient can sue anyone who has obtained a license from the Louisiana State Board of Medical Examiners. This means that nursing home workers, acupuncturists, mental health counselors, physical therapists, doctors, athletic trainers and lab personnel can all be sued for negligence.

Louisiana law requires plaintiffs to submit their lawsuits within three years of suffering any type of injury. You will lose your opportunity to file a suit if you don’t file your claim within that time. Parents may be given extended time, which is generally up until their child turns 18 to file a claim. The state of Louisiana caps damages at $500,000 per incidence. Lost wages should be added to this amount.

Proving that your doctor breached their standard of care isn’t easy. This is especially the case when there are at complex medical matters at play. An attorney can review the details leading up to your injuries and let you know if your valid claim is worth filing in court here in Baton Rouge.

Are All Senior Citizens Unsafe Drivers?

Tue, 16 May 2023 14:23:22 GMT

Some people think that senior citizens who drive are putting others on the road at risk. They assume that these individuals aren’t as safe because they might drive a little slower and not take as many risks. The fact is that age has nothing to do with how safe someone operates a vehicle.

One of the major factors that determines how safely a person drives is their experience. A driver who has more experience is more likely going to make safer decisions when they’re facing hazards than a driver who hasn’t spent much time behind the wheel. Any driver, regardless of age, who is operating a vehicle unsafely can cause a crash that results in injuries .

What factors could cause an elderly driver to drive unsafely?

There are a few age-related factors that could mean a senior citizen isn’t able to safely drive any longer. Their mental capacity may start to decline. This can directly impact their ability to make decisions when driving. There’s also a chance that cognitive deficiencies may begin to manifest, which can make driving more difficult.

Another issue that sometimes comes up as a person ages is that they aren’t able to keep up with the physical demands of driving. Declines in mobility and range of motion can make it challenging to operate a vehicle safely.

How can senior citizens determine whether they can drive safely or not?

There is no set age at which these issues can begin with an individual. Everyone is different, so it’s imperative that senior citizens who still want to drive honestly evaluate their ability to do safely. If they have doubts about this, they should speak to their loved ones.

Sometimes, asking their primary care physician for an evaluation of their suitability to drive is beneficial. The doctor should look at any medical limitations that could impact how the patient is able to drive.

Car wrecks that involve an elderly driver should be handled in the same manner as any other crash. Alert the police department so a report can be written and seek medical care if you’re injured. Victims of these wrecks can choose to pursue compensation to cover the damages they’re dealing with because of the crash.

How is a Spinal Fracture Diagnosed?

Mon, 15 May 2023 16:15:00 GMT

Do you have reason to believe you have suffered a spinal cord injury? For example, this often happens if you are involved in a serious motor vehicle accident, such as one in which your vehicle is struck from behind.

If you experience back pain after an accident, don’t hesitate to seek medical assistance. Generally speaking, it’s best to contact an ambulance so that your spine can be stabilized as you are transported to a local hospital for examination and treatment.

Once a doctor assesses your current condition, he or she may order a variety of tests. All of these are meant to give them a better idea of the type of injury you’ve suffered:

X-ray. This displays a detailed view of the bony vertebrae that make up your spine. This can clearly show your medical team if there is a fracture.
CT scan. This noninvasive test makes a two dimensional image of your spine. Once again, it helps show any changes in the bony structures of your spine.
MRI. This test is different than others as it clearly displays both discs and nerves. This is often times necessary if your doctor wants to evaluate you for potential soft tissue damage.

These are three of the most common tests used to diagnose a spinal fracture. Once your medical team knows what type of injury you’re dealing with, they can then explain your treatment options.

Due to the severity of a spinal cord injury , you should not hesitate to also learn more about your legal rights. If somebody caused the accident that lead to your injury, you may be able to seek compensation.

Source: Mayfield Brain & Spine, “ Spinal fractures ,” accessed April 21, 2017

Important Facts Associated With Spinal Cord Injury

Sat, 06 May 2023 16:15:00 GMT

If you or a loved one suffers a spinal cord injury, it’s important to learn more about what happened and how to move forward in the days, weeks and months to come.

Your treatment strategy is more important than anything, as this is what you’ll rely on to hopefully make a full recovery. Even so, there are some other things that you should learn.

Here are some key facts and figures associated with spinal cord injury, all of which are shared by the University of Alabama at Birmingham’s Department of Physical Medicine and Rehabilitation:

Based on the current population in the United States, it’s estimated that the incidence of spinal cord injury is roughly 40 cases for every million people. This results in right around 12,500 new injury cases every year.
It is believed that there are approximately 276,000 people living in the United States after suffering a spinal cord injury.
Following a spinal cord injury, the average length of stay in the hospital acute care unit is 11 days. Additionally, the average rehabilitation stay is 36 days.
Approximately 30 percent of people with a spinal cord injury are re- hospitalized at least one time during the year following the injury.

As you can see, a spinal cord injury is extremely serious. Even so, a lot of progress has been made in regards to treatment and care.

Due to the potential severity of a spinal cord injury , if you have any reason to believe that you’ve injured this part of your body, don’t wait to receive medical attention. The sooner you get help the better chance you have of making a recovery.

Source: National Spinal Cord Injury Statistical Center, “ Spinal Cord Injury (SCI) Facts and Figures at a Glance ,” accessed Nov. 01, 2016

Why Physical Therapy is Often Necessary for Post-Crash Healing

Fri, 28 Apr 2023 20:33:54 GMT

It’s not uncommon for people who have suffered injuries in a car accident to be dealing with the ramifications for weeks, months or even longer. Doctors can sew up lacerations and set broken bones. However, physical therapy is often needed to prevent underlying injuries from causing chronic pain or long-term mobility issues.

Physical therapists know how to deal with musculoskeletal injuries that are common after a crash. Some of these injuries may not even be obvious in the immediate aftermath when you’re dealing with more readily apparent ones. However, if you’ve suffered damage to muscles and tissues in your neck, back, knees or other parts of your body, those need professional attention as well.An experienced physical therapist can use manual therapy to help promote tissue healing, regain strength, mobilize joints, reduce inflammation and decrease scar tissue. They can also design a custom plan with exercises you can do on your own to reduce pain and promote healing.

By getting physical therapy after a crash , you can improve your chances of a full recovery and speed up your return to a normal life. It’s not a luxury or something that’s “nice to have.” It may be a crucial part of your medical treatment. Most doctors know physical therapists in their area who are experienced with car crash victims and can write a prescription for physical therapy.

If you’re seeking compensation from an at-fault driver , it’s important to make sure that you consider the cost of physical therapy in addition to your other medical bills. An attorney can help you work to get the money you deserve for all of the treatment you need as you recover after a crash.

Marking Surgical Sites can Avoid Wrong-Site Surgery

Tue, 25 Apr 2023 15:45:00 GMT

Wrong-site surgery is devastating when it happens. The patient trusts the doctor to perform the proper procedure, goes under from the anesthesia, and wakes up to find that a critical error has been made.

Often, this error is then compounded by the failure to resolve the initial issue. For instance, say that a person’s right lung has an advanced tumor and needs to be removed. A pneumonectomy is scheduled. The doctor accidentally removes the left lung — the healthy lung. Now the person has lost that vital organ that was supposed to allow them to survive after the surgery, and removal of the diseased lung isn’t possible.

Marking sites

There are numerous ways for doctors to strive to avoid such a critical error. One of the easiest is just to mark the site before the surgery. They can then confirm with the still-conscious patient — and their medical records — that it’s the right location.

One study asked doctors how often they would take this precaution. Approximately 75% said that they would always personally mark the surgical site. On the other side of the equation, only 3% said that they would never do so. The remaining portion did mark the sites sometimes or usually, but not all of the time.

What is clear is that, since errors still happen, marking the site should be even more common than it is. Most doctors are on-board with this method, but you could argue it should be universal and used in 100% of cases.

Life-changing mistakes

If you have suffered a serious injury or complication due to a doctor’s mistake, you need to know how to seek compensation .

Know That Some Motorists are More apt to Drive Drunk Than Others

Fri, 14 Apr 2023 20:30:00 GMT

Drunk driving is a severe problem here in Louisiana. Centers for Disease Control and Prevention (CDC) statistics from 2012 show that 2.5% of Louisianans admitted to getting behind the wheel after drinking excessively. Only 1.9% of Americans overall said that they did the same. There are specific trends related to who’s most apt to drive while intoxicated and suffer injuries or die in such crashes.

Statistics compiled by the CDC show that 3,046 individuals died in alcohol-involved crashes here in Louisiana between 2003 and 2012. Those same statistics show that 5.2 per 100,000 Louisiana residents passed away in alcohol-involved crashes in 2012 compared to 3.3 per 100,000 in the nation as a whole. An estimated 2.4 per 100,000 females and 8.3 per 100,000 males lost their lives in alcohol-involved Louisiana crashes in 2012.

The largest number of decedents in these drunk driving accidents were individuals ages 21 to 34. At least 8.6 per 100,000 Louisiana residents from this age group died in alcohol-involved collisions in 2012. This index compares to a 6.7 per 100,000 national rates for the country as a whole.

Individuals ages 35 or older had the second-highest fatality rate of all age groups in Louisiana. At least 5.1 per 100,000 Louisiana residents from this demographic died in these crashes in 2012. Only 3.1 per 100,000 individuals died in similar types of incidents in the U.S. that same year.

At least 2.8 per 100,000 of the Louisiana victims in these crashes were individuals between zero and 20. The national average of decedents from this age range was 1.3 per 100,000 in 2012.

State officials deem anyone who gets behind the wheel of a car with a blood alcohol content (BAC) of .08% or higher as an intoxicated motorist. Lawmakers set this limit after recognizing that such an impairment significantly impacts a motorist’s ability to operate their vehicle effectively.

Alcohol-involved crashes often leave behind catastrophic results both for the intoxicated motorist and their victims. Serious accidents deserve a serious legal response . One of the first things that you’ll want to do as you recover from your crash or grieve the loss of your loved one is to consult with an attorney. Your Baton Rouge lawyer will take the necessary steps to hold the motorist who forever changed your life accountable for their actions.

Why you Need to be Completely Honest with Your Doctor

Wed, 12 Apr 2023 16:15:00 GMT

We all want people to think we’re younger, thinner and healthier than we are and that we have better habits than we do. However, when you’re talking to your doctor, it’s essential to be completely honest. If you aren’t, they won’t be able to treat you correctly — and could even cause harm that could have been avoided.

Many people lie to their doctors about how much they eat, drink, smoke or use drugs. They may lie about how many sexual partners they have and whether they use protection. They may fail to disclose previous medical procedures, like abortions and plastic surgery , simply out of embarrassment.

However, your doctor needs to know the truth. Depending on what it is, you may get a scolding. No doctor will tell you that smoking a pack a day or drinking a bottle of wine every night is good for you. However, they can help you work to develop a healthier lifestyle. More importantly, they can better determine the cause of what’s ailing you and stay away from medications or treatments that could be dangerous.

For example, nicotine can inhibit the healing process. Therefore, your doctor may want to postpone elective surgery until you cut back on your smoking.

Medications are a big area where patients are often less than truthful. Your doctor probably asks you about all your medications at each visit. That needs to include over-the-counter drugs and supplements. You might not want to admit that you’re using a hormone cream you found on the internet. However, it can interact with something your doctor might prescribe. The same is true for recreational drugs. Whether they’re legal or not, your doctor needs to know about them.

Many doctors ask their patients about anxiety and depression and how they’re feeling in general about life. Again, be honest. Some people never think about these things until they’re asked. If someone is feeling sad or anxious much of the time for no specific reason, their doctor might give them the name of a therapist or perhaps prescribe a mild medication for anxiety. Our physical and emotional health is closely tied together.

By being honest, patients can help minimize the risk that a procedure, treatment or medication will injure them or make them ill. However, if you are harmed because of a doctor’s negligence or erro r , it’s wise to find out what your legal options are.

Whiplash is a Serious Accident-Related Injury

Tue, 11 Apr 2023 20:58:21 GMT

The human body can endure many physical stresses and tests, but car accidents often push victims to the limit of pain and injury. When a Louisiana resident is involved in a motor vehicle accident, they may suffer a range of harm that can last from hours to the rest of their life. Practically any part of a person’s body can be harmed in a vehicle crash, but often the neck and spine suffer trauma from the violent impacts involved in most vehicle collisions.

One neck injury – whiplash – is common to vehicle accident victims. This informative post will offer information about whiplash and the legal rights victims may have following their vehicle crashes. No part of this post should be read as legal or medical advice. Personal injury attorneys can answer any vehicle accident questions that arise from the contents of this post.

What is whiplash?

Whiplash is an injury to the neck. It happens when the neck is forced or whipped in different directions. When a vehicle comes to an abrupt stop due to a crash, a victim’s head may move forward and backward, causing stress and strain to the connective tissues of the neck as it works to stabilize the head.

Whiplash can be major or minor. Some whiplash victims may recover from their harm quickly and suffer no lasting effects. Others may live with long-term pain that prevents them from living their lives fully following their car accidents.

What symptoms can whiplash cause in victims?

Whiplash can cause more than just pain. It can cause a range of symptoms that can drastically impact the quality of a victim’s life. Some whiplash symptoms include:

Numbness

Dizziness

Concentration and focus problems

Sleep problems

Fatigue

An individual who has suffered whiplash in a car accident may have options to seek compensation for their losses. Following an accident, it is important that a victim is assessed by medical professionals for injuries like whiplash. When they are stable and ready, they can choose to contact their trusted personal injury attorneys for support and guidance on how to protect their rights to compensation for their losses.

Substandard Care Might be Hard to Prove in a Malpractice Case

Tue, 11 Apr 2023 16:45:00 GMT

Patients who seek medical care expect that they will get care that’s up to current standards. Unfortunately, they don’t always get this. Instead, they might receive substandard care that doesn’t adequately address their issues. This leaves room for the patient to suffer grave harm.

It is often difficult to prove that you received substandard care because these cases usually require an expert witness who can testify as to what the acceptable standard of care would be in your case. This can be a challenge because the medical community is tight knit, so finding someone to testify might be hard.

Standard of care is also hard to prove because it isn’t consistent from one case to the next. The doctor’s training, the abilities of the facility and the factors present in your case are all factors that can change what’s expected.

For example, you can’t expect the same care for a brain injury from a family physician as you’d get from a neurologist. A cancer patient should expect to receive better care from an oncologist than they’d get from a general practitioner.

When you suffer harm because a medical professional provides substandard treatment, you might be able to launch a legal claim against them. This could help you to minimize the economic cost that you have to deal with. It might also include some noneconomic damages.

Typically, pa tients who suffer harm will need to receive additional medical care. They might also have to miss work. In these cases, those factors might have an impact on the damages they can claim when they seek compensation for medical malpractice.

Does Telemedicine Increase the Chances of Malpractice?

Thu, 06 Apr 2023 15:00:04 GMT

Telemedicine is becoming an increasingly common way for doctors to see patients. Being able to see and talk to a doctor via Skype, FaceTime or other platform can be particularly beneficial for patients who don’t live close to their doctor, for those who may not be able to drive or for patients who don’t want to risk being exposed to other patients who may be contagious.

There are limits to what doctors can or should try to do via direct-to-consumer (DTC) telemedicine. It’s typically best for patients who don’t have a serious illness or injury or for those who may just need to check in regularly following a procedure.

Some physicians have expressed concern that DTC telemedicine increases the chances of being hit with a medical malpractice claim due to improper diagnosis or treatment or even the possibility that they may be interacting with someone who’s not actually the patient. Seeing a patient over even the best Wi-Fi connection can’t compare to seeing and interacting with them in person. However, those fears appear to be unfounded, at least for now.

In one study published last year, researchers looked at over 500 legal actions during a single month in 2018 that involved health care providers who used telem edicine or the telemedicine service or employees. However, there were no allegations of medical malpractice in any of those cases. While that’s a very limited study, the findings seem to be borne out on a larger scale.

The researchers noted that part of the reason for a lack of malpractice claims may be the limits placed on what can be done via DTC telemedicine services. For example, many services prohibit doctors from prescribing controlled substances after a telemedicine visit. In many cases, patients are advised to come in for an in-person visit following a telemedicine consultation.

Most doctors understand the value — and the limitations — of DTC telemedicine. If a patient is concerned that their doctor is making an inaccurate diagnosis via a telemedicine visit, they can and should ask to come in and see them personally.

Doctors have a responsibility to their patients regardless of whether they see them in person, on their computer or on their phone. If you believe that you suffered harm due to a doctor’s actions or negligence, it’s wise to talk with an experienced attorney to determine whether you have a malpractice case.

The Type of Improvement to Expect After a Spinal Cord Injury

Wed, 05 Apr 2023 17:15:00 GMT

If you have suffered a spinal cord injury, such as in a motor vehicle accident, you may be concerned about your future well-being. The same holds true if you’re helping to care for a loved one who has suffered this type of injury. Despite the fact that a spinal cord injury is serious, you may be able to make improvement over time. However, since no two people are identical, there is no way of knowing for sure what will happen in the months and years to come.

Whether or not you continue to make improvements depends on many factors, including:

The severity of the injury. At the time of your injury, the severity is noted as either incomplete or complete. The overall level of damage has a lot to do with the type of progress you make in the future.
The level of injury. Your neurological level of injury will impact the type of progress you make.
Functional abilities. What activities are you able to complete at the present time? You may be able to strengthen muscles that you currently use as a means of becoming more self-sufficient.

It’s important to work with an experienced medical team that can help you recover from a spinal cord injury. You never know what to expect, but your medical team can help you work towards your goals.

At the same time, you may want to learn more about the accident that caused your injury. A permanent injury, combined with mounting medical bills, may mean that you’re in position to receive compensation from the negligent party.

Source: Model Systems Knowledge Translation Center, “ Understanding Spinal Cord Injury, Part 2 — Recovery and Rehabilitation ,” accessed Feb. 17, 2017

86 Percent of Malpractice Cases had this one Cause

Wed, 05 Apr 2023 16:15:00 GMT

There are many reasons that medical malpractice takes place. Doctors make mistakes, they don’t provide proper care, they act negligently, etc. However, when you really break it down, you can trace most of these cases back to just one root cause.

Judgment errors

One study looked at medical malpractice claims, considering a massive total of 55,377 cases. This was certainly enough data to draw some conclusions about why these cases took place. What they found that was a full 86% of the cases could be traced back to judgment errors.

This study was reported on in the Washington Post, and the claims involved were only those serious enough to lead to disability or death. Examples of judgment errors include:

Misinterpretations
Knowledge gaps
Implicit bias
Inattention

People often think of medical science as something that is firmly rooted in facts. A doctor should see a patient, consider their symptoms, and match them up with a disorder. This diagnosis tells them what care to provide.

While that is the idea, the truth is that doctors have to make all sorts of judgment calls while looking at these facts. It’s not nearly as simple as connecting the factual dots, and there is always going to be that element of human input. This, in turn, opens the door for human error. When doctors make mistakes, it is their patients who wind up paying the price.

Your options

Did you go see a doctor, only to have a mistake change your life? You may be able to seek financial compensation for all of the costs associated with that error.

What are Some Reasons you May Sue Your Therapist?

Thu, 30 Mar 2023 15:15:00 GMT

When individuals think about medical malpractice, they often think about physicians and the mistakes that are made during surgery. Few individuals take into account how other medical providers, such as psychologists, can also be negligen t .

Data published by the American Psychological Association (APA) shows that 40% of all psychologists will have a client file a complaint against them with the licensing board during their 20-year career.

Psychologists often end up facing legal action when they’re not clear in setting boundaries upfront.

Therapists must be clear in establishing the limits of their practice. An example is a counselor that’s working with a child of divorce. If a therapist takes sides with a mom or dad instead of simply advocating for the child, then they may expose themselves to legal liability.

Psychologists also put themselves at risk for a lawsuit when they use communication methods that aren’t compliant with the Health Insurance Portability and Accountability Act (HIPAA). If your therapist sends you a text or email through an unencrypted connection, then you may be able to sue them for violating your privacy if an unintended recipient receives that message.

Mental health practitioners must also set boundaries in terms of who they see and how the relationship evolves. It may be unethical for your therapist to see you if you two already share a personal relationship. Counselors shouldn’t become romantically involved with clients, either. You may take legal action if the relationship that you share with your psychologist becomes more personal than professional.

Louisiana psychologists must adhere to such strict ethical standards. It can cloud their ability to diagnose and treat a client or protect their privacy if they’re not. A medical malpractice attorney will ask you more about what happened to you at your Baton Rouge therapist’s hands before advising you whether a lawsuit is warranted.

Patients can Suffer Greatly when a Doctor Botches Their Care

Fri, 24 Mar 2023 14:45:00 GMT

Doctors are expected to take care of their patients in a way that at least meets the standard of care for the situation. This is based on the information that’s available, the doctor’s training and a few other factors. When the doctor doesn’t do this, the patient may suffer harm .

We realize that you probably never expected that the medical professional you trusted to provide your care would harm you. The results of this can be catastrophic in some cases. Victims of medical malpractice may need extensive medical care, which can mean time off work and unexpected expenses.

If you’re a victim of medical malpractice, you may decide that you want to hold the doctor accountable for their actions. You can do this through a lawsuit, which may name more defendants than just the doctor. Who is named in the lawsuit depends largely on the factors involved in the case, so we can review what happened and determine who should be included on the list.

These cases often hinge on establishing what the standard of care was. To do this, we may need to call in an expert to testify. This is where these cases can become challenging. The medical community is close so it can be difficult to find someone willing to testify in these matters. Fortunately, that’s one aspect of the case that we’ll handle for you so that you aren’t stuck trying to search for one.

We understand that you might be trying to heal. We can work on the legal matters on your behalf so you can try to focus more on your health.

What to do if you Encounter a Driver with Road Rage

Wed, 22 Mar 2023 16:48:06 GMT

When people hear the term “road rage,” they often picture two drivers standing outside their cars screaming and swearing at each other. Maybe there’s some pushing and shoving. Sometimes, in tragic scenarios, one or both uses a weapon on the other.

However, many instances of road rage involve aggressive driving that can harm or kill the driver who’s the object of the rage — and possibly nearby motorists. Over half of all traffic fatalities are caused by an aggressive driver .

For example, a driver may react badly to being “cut off” by someone. Some drivers take being passed by another driver as an insult. When these things happen, they respond by tailgating or even intentionally hitting the other driver. They may become so angry that they begin speeding and ignoring other cars, signals and signs.

We’ve all been the victim of an aggressive driver at some point. Sometimes, it’s because we made a mistake — like not noticing that they were approaching when we changed lanes. Other times, we have no idea what we’ve done. Either way, it can be frightening.

Here are some tips if you encounter an aggressive driver who seems consumed by anger:

Slow down and put some space between you and the aggressive driver. Move to the furthest right lane if you can. Let them pass you and be on their way.
Do not make eye contact. You might want to make an apologetic wave. However, be careful not to make any hand gestures that could be misconstrued as offensive or angry.
Never get out of your car or otherwise engage with the other driver. That’s just going to exacerbate the situation. Keep your own emotions under control.

If you are injured in a crash caused by an aggressive driver, it’s essential to get the compensation you need and deserve to deal with medical bills, physical therapy and other expenses and damages.

Medical Malpractice Happens More Frequently Than You Think

Tue, 21 Mar 2023 17:15:00 GMT

Doctors are experts who go through years of schooling and training, so most people implicitly trust their expertise. Patients put a lot of trust in the doctors who care for them, which most doctors do their best to uphold. Unfortunately, some doctors provide inadequate care which leaves them vulnerable to claims of medical malpractice.

If you assume that medical malpractice is uncommon, it might seem like a reasonable belief based on the amount of education required to become a physician. Unfortunately, statistics show that medical malpractice is actually quite common across the United States, including right here in Louisiana.

What constitutes medical malpractice?

Many different actions or mistakes on the part of a medical care provider could be malpractice. Any action or lack of action that is contrary to what most competent doctors would do in the circumstances could be malpractice.

Failing to run adequate diagnostic testing, not performing sufficient monitoring after treatment or drug administration and surgical mistakes are all examples of different kinds of medical malpractice that can have expensive and potentially life-altering consequences for patients. Not only do patients have to deal with the health consequences of inadequate care but also the real-world impact of not getting better, including lost wages and a lower quality of life.

Louisiana has more medical malpractice claims than most other states

Louisiana is 13th among states when it comes to the average cost of medical malpractice insurance and fourth out of all states when it comes to the total number of malpractice claims versus the state population, with only New York, New Jersey and Pennsylvania having more medical malpractice claims per one million people living in the state. Those who suspect inadequate care should consider getting a second opinion.

Did Your Doctor Confuse Skin Cancer with Another Issue?

Thu, 09 Mar 2023 14:00:00 GMT

No type of cancer is as common as skin cancer. It can happen almost anywhere on the body, and it can be fatal if not treated properly. The good news is that treatment is often far simpler than it is for other types of cancer — it’s easier to remove a spot on the skin through surgery than to operate on a tumor or undergo chemo.

As such, it’s very important for your doctor to spot the cancer quickly and get you started on the correct treatment. Any delay can be very detrimental to your health. Unfortunately, doctors may mistake cancer for things like acne, rashes, benign moles, warts and much more. An error in the diagnostic stage can have catastrophic consequences.

Spotting cancer

To help you properly identify cancer, you need to know what indicators to look for. A few of them include :

Spots on your skin that change and grow over time
Marks that are not symmetrical or even
Spots that have different shades of color
Raised areas, especially if they used to be flat and have grown
Any spot that bleeds and/or refuses to heal

That said, professionals note that cancer can check none of these boxes and still be cancer. It’s always better to be safe than sorry. Bring anything you’re worried about to the attention of a professional.

After a mistake

If that professional makes a mistake and delays your treatment with a misdiagnosis, then you need to know what legal options you have. You may be able to seek compensation for your medical bills and many other costs.

Drunk Driving Crashes are Preventable and Costly

Tue, 07 Mar 2023 16:00:01 GMT

People who are injured by a drunk driver will often have serious injuries that take a long time to heal. The fact that the wreck was fully preventable might plague the victim. This can add an emotional aspect to the healing process that wouldn’t be present if the crash was truly an accident.

The monetary costs of this type of crash are considerable. This includes the money that it costs for the medical care the person needs. In many cases, the person needs emergency room care and follow-up visits. Depending on what’s wrong, they might also end up needing physical therapy and personal care assistance.

Some people might also need to have mental health counseling when they’re going through this type of trauma. It’s imperative that they get all the help they need so that they can heal as much as possible from the crash.

We know that the impacts of this type of crash can last a long time. One way that you might be able to feel closure is to seek compensation for the damages. This enables you to shift the financial liability to the person who caused the crash. You only have a limited amount of time to do this because of the statute of limitation.

You should ensure that you’re seeking the appropriate amount for the damages you face. This includes what you know you’ve already incurred, but if the crash is serious, you might also have future costs to consider. We can help you determine what dollar amounts to put on your claims, so you aren’t left holding the financial liability.

Chiropractic Negligence Must be Handled Carefully

Tue, 28 Feb 2023 15:30:00 GMT

People who turn to a chiropractor for treatment are putting a lot of trust in these professionals. When things go awry, there is a chance that the patient will suffer harm . Some might wonder what they can do when this happens because a chiropractor isn’t a medical doctor.

Patients who suffer harm because of the negligence of a chiropractor can still file a legal claim against them. If you’re in this position, you have to be able to prove that the injury was because of something that amounts to negligence. This could be that the chiropractor didn’t exercise the care they should or that they didn’t comply with the standard of care.

It isn’t always easy to prove this, but taking a look into the circumstances surrounding the issue can help you to determine how to proceed. Remember that you only have a limited time in Louisiana to get your case filed. Because of this, the investigation must happen quickly after you realize that you were harmed.

Some individuals don’t realize just how dangerous chiropractic care can be in some instances. There have been cases in which patients have died as a result of an adjustment. This might be due to the chiropractor failing to exercise proper precautions before manipulating the patient’s neck or spine.

Working closely with an attorney who has experience with medical malpractice cases can be beneficial. They can help you to determine what course of action is appropriate. Launching a legal claim can help you to recover the financial damages that you suffered because of the chiropractor’s negligence.

How Often Does Poorly Coordinated Care Result in Medical Errors?

Mon, 20 Feb 2023 16:15:00 GMT

It’s not uncommon for older patients or ones suffering from chronic medical conditions to require the support of a team of physicians to achieve the best outcomes in their cases. Research on the topic of coordinated care reveals that the quality of a patients’ care and how well they respond to it is only as good as the back-and-forth communication that their providers enjoy.

When consulted about the state of coordinated health care in 2013, one Harvard health analyst mentioned that one of the biggest problems for patients was that no one was responsible for coordinating it. Harvard researchers found that this resulted in as much as 98,000 patient fatalities due to potentially preventable medical errors annually.

Patients are often under the impression that their primary care physician is their leading care provider and responsible for overseeing every other doctor who also sees them. Some hospitals have physicians known as hospitalists handling such responsibilities. These medical providers manage a patient’s medications, coordinate with specialists they see and guide them toward making it back home.

Hospitalists visit clients in their rooms to check in on them, but their primary role is communicating with specialists about their treatment plans. They then take this information, synthesize it and let the patient understand what’s going on cohesively.

It’s difficult for hospitalists to manage everything, though. When patients are incoherent or medicated and can’t communicate well, doctors may not get the whole picture of their condition. Patient safety advocates note that it’s vital to document who’s in charge and what everyone says to enhance treatment outcomes.

A significant number of Baton Rouge patients go into hospitals expecting to receive quality care and end up having a decline in health or otherwise losing their battles with their illnesses. Outcomes like these often stem from a lack of care coordination. A medical malpractice attorney will want to know about your experiences leading up to you or your loved one’s health decline. Your lawyer will then advise you how Louisiana law may allow you to file a medical malpractice lawsuit given your case’s unique circumstances.

What Must you Prove in a Medical Malpractice Case?

Thu, 16 Feb 2023 15:00:04 GMT

When you visit your Louisiana physician or enter the hospital for a surgical or other procedure, naturally you expect your physician and everyone else involved in your health care to competently provide it. The last thing you expect is that your doctor or other health care professional will hurt you or make you sicker than when you sought their medical help.

Unfortunately, however, health care professionals make mistakes all too often. In fact, preventable medical errors account for the third highest number of patient deaths in the United States. Your only recourse if a health care provider injures you is to sue that person, and the facility for which (s)he works, for medical malpractice.

What you must prove

FindLaw explains that in any medical malpractice lawsuit alleging negligence , you must prove all four of the following things:

1. That your physician, nurse and other members of your health care team owed you a duty of care

2. That (s)he breached his or her duty by providing you with substandard care

3. That you suffered injury as a result of this breach

4. That this injury’s proximate cause was his or her breach

Which care standard applies

It goes without saying that various kinds of medical practitioners must adhere to various care standards. Obviously, a surgeon’s standard of care is far different than that of, for instance, an x-ray lab technician. Therefore, when you and your attorney go about collecting medical experts to testify on your behalf at your trial, make sure they practice the same kind of medicine and operate under the same standard of care as the person you are suing.

While you should not interpret this information as legal advice, it can help you understand what you must prove if you sue someone for medical malpractice.

Truckers Aren’t Always at Fault for Semitruck Wrecks

Fri, 03 Feb 2023 14:30:00 GMT

Most truckers operate their rigs in a safe manner because they understand the risks of aggressive behaviors when they’re behind the wheel. It’s important for anyone who suffers an injury in a big rig crash to remember that there’s a chance that it wasn’t the trucker’s fault. There are many causes of these wrecks that can come into the picture.

One of the nontrucker causes of crashes is defective equipment. This is sometimes coupled with lax maintenance. In these cases, the manufacturer or company that handles the truck maintenance can be held liable. Oftentimes, these cases are obviously attributed to these causes. Examples of this include the brakes failing or the trailer hitch system not working properly.

Other drivers are another factor that can contribute to crashes. This occurs if another driver fails to drive in a safe manner around the truck, which can lead to the trucker not being able to avoid a wreck. For example, the trucker might not be able to stop in time if they’re cut off by a vehicle. In that case, the car that cut them off might be rear-ended or another vehicle might be struck if the trucker attempts to take an evasive action.

Determining the underlying cause of the semitruck wreck is important if you plan to seek compensation . This is because it enables you to ensure that you are holding the appropriate party liable for the damages you’re dealing with. Working with someone who’s knowledgeable in this area can benefit you considerably. Remember, there are cases that involve more than one at-fault party.

What Role Does Speeding Play in Car Accidents?

Wed, 01 Feb 2023 15:00:06 GMT

Louisiana residents all understand that speeding is illegal. However, it’s almost considered normal to see other drivers speeding on the road every single day. Unfortunately, every person speeding is making the road more hazardous for the rest of you.

The United states Department of Transportation reminds drivers everywhere that speeding is a potentially fatal risky driving behavior . The rate of lethal accidents that involve speeding is actually quite high, with over 10,000 people dying in speed-related incidents in 2016 alone. Speeding was the root cause of over one quarter of all fatal driving accidents in that same year, and historically-speaking, the trend has been this way for a long time.

For example, over the last twenty years, it has been shown that over one third of all accidents involved speeding in some way. Speeding is also one of the top three causes for accidents, competing with distracted driving and driving while under the influence.

Speeding is also usually coupled with other activities that are considered risky or reckless driving behaviors. For example, many cases of speeding also involve driving while under the influence. However, just speeding by itself can still be hugely dangerous. Because of the lowered reaction time, it’s possible for drivers to see that you’ve stopped ahead of them but be unable to brake in time, themselves.

If you have suffered from injury during an accident involving excessive speeds, you will likely have to deal with a long process of recovery. For financial support during this time, you may be able to seek compensation.

How to Stop Someone from Driving Drunk — With or Without You

Thu, 26 Jan 2023 15:30:01 GMT

If you were injured in a car accident, you may be understandably nervous about getting behind the wheel again, or your injuries may prevent you from driving for a time. Either way, you’re probably relying on friends, family members and Uber or Lyft drivers to get you where you need to go.

What happens if you get in the car with someone only to realize — once you’re on your way — that they’re under the influence. Maybe you saw them have a beer at a party, but what you didn’t see is that they had a lot of beers, and they’re in no condition to drive.

If you realize this before you get to the car, don’t get in. Further, do everything you can to keep them from driving. We know this can be difficult, but intervening can save lives. So, how do you keep someone from driving drunk?

First, don’t embarrass or criticize them. Calmly but firmly tell them that they shouldn’t drive. Let them know, “We’ve all been there” — whether you have or not.

If you can enlist others to help you, do so. This can make the situation safer for you and also help convince the other person that they are indeed in no condition to drive.

If you’re able to drive, offer to do so. (If you’ve simply had fewer drinks than they have, don’t risk it, though.) Suggest other options, like calling an Uber or cab. Offer to come back with them to get their car the next day.

Be blunt, and scare them if necessary. Tell them they could hurt themselves or someone else. They could get a DUI. If you’ve got a story about a friend who spent six months without a license and had to pick up garbage along the road for 100 hours after being arrested, use it. Let them know that you’re not just concerned about your own well-being, but theirs.

Remember that if you get in the car with someone you know is impaired , you could find yourself charged with a crime right along with them. However, if you’re i njured in a crash caused by a drunk driver you were riding with, you may be able to take legal action if you didn’t realize they were impaired or were unable to extricate yourself from the situation once they were. Find out what your options are.

Trucking Companies’ Failure to Follow Regulations may Cause Accidents

Wed, 25 Jan 2023 13:00:08 GMT

Commercial trucks and other large trucks often weigh a minimum of 10,000 pounds and can pull multiple trailers, adding even more weight and size. Additionally, trucks travel more mile than passenger vehicles, and many miles traveled are on the interstates at high speeds. Due to the weight and size of these commercial trucks, and the significant amount of time spent on the roads, many trucks are involved in accidents resulting in serious injury or death. According to the IIHS , large truck accidents resulted in over 4,100 deaths in 2018, and approximately 67 percent of these deaths were passenger vehicle occupants.

Drivers and trucking companies must adhere to federal trucking regulations

Because of the significant accident risk, the National Highway Traffic Safety Administration and Federal Motor Carrier Safety Administration have implemented certain standards to prevent truck accidents and ensure safety for all travelers.

Trucking regulations specify:

Licensing and training requirements for drivers
Drug and alcohol testing for drivers
Rules for securing cargo
Hours of service and logging hours electronically
Vehicle weight limits
Regular truck inspections and maintenance

Louisiana truck accidents are often caused by a trucking company or driver’s failure to follow one or more federal regulations. Some of the most common causes of truck accidents include:

Unsecured cargo or uneven weight distribution
Defective equipment/mechanical failure/faulty brakes
Driver fatigue due to failure to limit hours behind the wheel
Distracted driving or driving under the influence
Failure to conduct inspections
Negligent hiring, training, or supervision of drivers

If you have been injured in a truck accident, a personal injury attorney can help you file a negligence claim against the truck company and driver responsible for your accident.

Spinal Cord Injuries Cause More Than Just Paralysis

Fri, 20 Jan 2023 18:15:49 GMT

Being involved in a car accident can cause many injuries. While most injuries aren’t very serious and will heal over time, some are catastrophic. A spinal cord injury falls into the latter category. This injury can have serious impacts on the victim’s ability to live the same quality of life as they had prior to the wreck. While many people will think about paralysis when it comes to spinal cord injuries, this isn’t the only effect that it can have on the person. There are several others that can also change the person’s abilities and how they’re able to live their life.

Mental health impacts

The mental health impacts of this type of catastrophic injury can be devastating. Many spinal cord injury patients suffer from depression and anxiety. These may affect the person’s ability to eat or sleep normally. While it’s common to go through a period of adjustment after the injury, your mental health should slowly begin to return to normal. If it doesn’t, you may consider seeking help from a qualified mental health professional who can work with you to overcome these issues.

Skeletal effects

Some individuals who have a spinal cord injury suffer from osteoporosis and bone fractures. This is because of the slow loss of bone density that’s due to the lack of physical activity that comes with a spinal cord injury.

Another possible skeletal impact is neurogenic heterotopic ossification. This involves abnormal bone growth below the injury. Instead of the bones growing where they should, bone cells grow in the soft tissues.

Muscular system changes

One of the problematic issues that some people who have a spinal cord injury face is spasticity. This occurs when the muscles spasm and become tight. It’s caused by the muscles contracting as a safety mechanism because the body isn’t getting the signals from the brain due to the spinal cord injury.

For many patients, utilizing special stretches and going to physical and occupational therapy can reduce the spasticity. Some individuals will need to go through range of motion exercises because of a lack of limb control. People who have suffered from this type of injury in a car wreck may opt to pursue compensation from the negligent party who caused the crash. Filing the claim quickly is important since there are time limits.

Is Drugged Driving as Common as Drunk Driving?

Fri, 20 Jan 2023 18:13:44 GMT

When you hear people talk about the driving dangers, they’ll often mention distracted, drunk and fatigued driving. People don’t often speak about the risks of operating a vehicle while under the influence of drugs. It’s a big problem, however.

The National Institutes of Health’s (NIH) National Institute on Drug Abuse contends that drug use can make operating a motor vehicle just as unsafe as it can be after alcohol consumption.

NIH data shows that marijuana is the primary drug toxicologists find evidence of when analyzing drivers’ blood test results. Their research also captures how motorists who test positive for delta-9-tetrahydrocannabinol (THC) in their blood often also have traces of alcohol in their system.

Researchers have found that a motorist’s marijuana consumption can lead them to experience delayed reaction times, become inattentive and weave in and out of traffic lanes. The data has led researchers to conclude that motorists who consume marijuana and alcohol together are more apt to experience lane weaving than those who only use one of these substances.

National Survey on Drug Use and Health (NSDUH) data from 2018 shows that there were as many as 12.6 million motorists age 16 or older who operated their vehicle after consuming drugs that year. At least 20.5 million drivers drank alcohol before getting behind the wheel that same year.

Federal statistics show that the largest number of motorists who get behind their car’s wheel while either drunk or drugged are those ages 21 to 25. That same data shows that men are more apt to drive under the influence of either alcohol or drugs than women.

Anything that impairs a motorist’s ability to think is hazardous to the rest of us out on the roads. A driver who operates their vehicle with multiple distractions puts both their’s and everyone else’s life at risk. One of the best things you can do if you suffer injuries or lost a loved one in a Baton Rouge crash is to consult with an attorney. Your lawyer will let you know if Louisiana law allows you to sue the intoxicated motorist who forever altered your life.

Can you Overdose on an Anesthetic?

Wed, 18 Jan 2023 14:30:00 GMT

Different types of anesthetics are used for different medical procedures, whether they are localized or a general (full-body) medication. These are so common that you can have them in everything from heart surgery to LASIK to wisdom teeth removal.

As helpful as these are, allowing people to avoid the pain and discomfort that would otherwise come with surgery, do they carry any risks? If your medical team makes a mistake, could you actually overdose on an anesthetic?

The risks of anesthetics

It is possible. It can happen with both local and general anesthetics. In the worst possible cases, it can be fatal. In more mild cases, it can lead to things like:

Twitching
Dizziness
Slurred speech
Confusion
Seizures
Respiratory arrest

As you can see, some of these symptoms are incredibly dangerous, even when you survive this type of medication mistake. They could lead to long-lasting issues and even a disability. For instance, respiratory issues that deprive your brain of the oxygen it needs could lead to severe brain damage, even when doctors get you breathing again.

It’s important to note that, while this could happen to anyone, it’s especially a risk for children . They are smaller, they weigh less, and they have less developed physical systems, so the medications can hit them harder than adults and it’s easier for them to OD.

After a medical error

A trained medical professional should be in charge of giving you the anesthetic and monitoring you while it is in use. If this person makes a mistake that causes harm, you need to know what legal options you have to seek compensation.

Truck Drivers Must Follow Strict Alcohol Consumption Rules

Tue, 17 Jan 2023 15:21:06 GMT

There are many reasons that people consume alcohol in Louisiana and for the most part there is nothing wrong with doing so. However, there are certain activities that can be very dangerous if people have consumed too much alcohol, one of which is driving their vehicles. People under the influence of alcohol can cause serious accidents and injure many innocent people.

This is why it is especially important that truck drivers do not drive under the influence as truck accidents often times have catastrophic consequences. To protect against this occurring, the rules surrounding alcohol consumption for truck drivers are very strict.

Alcohol Consumption Prohibition

No commercial truck driver can consume any alcohol or be under the influence of alcohol at all at least four hours before they begin driving their truck. They also cannot have any blood alcohol concentration while operating their trucks. This is much more strict than the .08 BAC limit for normal vehicles. Even if the driver appears to be under the influence or appear that they may have consumed alcohol within four hours before driving they cannot drive their truck.

If a truck driver has consumed alcohol or is under the influence in any way they must be placed out-of-service for at least 24 hours from the time of the out-of-service order. They also need to report it to their employer and state officials.

As stated above, truck accidents in Louisiana can be very devastating for the victims. If a truck driver is under the influence and causes an accident, the victims may be entitled to compensation for the damages caused by the truck driver. This compensation can pay for the medical bills, lost income, pain and suffering and other damages the victims suffer as result of the accident. Experienced attorneys understand how devastating these accidents can be and may be a helpful guide.

The Reason Semi-Trucks have Longer Stopping Distances

Tue, 17 Jan 2023 15:21:01 GMT

It is very important for semi-truck drivers to keep long following distances, to never tailgate other drivers and to hit the brakes long before they arrive at a red light or a stop sign. These trucks have above-average stopping distances, so a mistake in any of these areas can lead to a devastating rear-end crash.

The weight issue

Why do trucks have such long stopping distances? Most of it has to do with their weight. Your typical car or small SUV probably does not exceed 5,000 pounds and may well run from 3,000 to 4,000 pounds. A semi, on the other hand, can weigh up to 80,000 pounds when fully loaded. And that is only if they’re following the law, which mandates that 80,000 pounds is the upper limit.

If someone in a passenger car is attempting to stop, starting out at 65 miles per hour, the car won’t come to a complete stop for roughly the length of a football field. Some reports put it at 316 feet, which is just over the 100 yards (approximately 300 feet) of a standard field.

Scale that up to a semi going the same speed but weighing in at 80,000 pounds, and the stopping distance is 525 feet. That’s under optimal conditions. While it’s clear that semi-trucks have excellent braking systems, the sheer weight of a vehicle at speed makes it difficult to stop quickly. The only way a driver can be safe is by slowing down early, maintaining proper following distances and being cautious at every turn.

Seeking compensation?

If you have been injured in a truck accident, you must know how to seek compensation for medical bills and more.

Is a Semi’s Black Box Data Important in Truck Accident Cases?

Tue, 17 Jan 2023 15:20:58 GMT

When you suffer serious or catastrophic injuries in a Louisiana truck accident, you will need as much financial compensation as possible. Without this compensation, you risk your physical well-being because you might not be able to get the medical treatment necessary for a full recovery. Unfortunately, truckers and trucking companies are typically more prepared for a truck

accident claim than victims are. This means that you will likely benefit from legal guidance if winning your claim is your top priority.

Most victims of truck accidents in the Baton Rouge area do not know that the truck responsible for their injuries may contain an Electronic Control Module (ECM). This ECM, which is also known as a “black box,” contains a large amount of information about the tractor-trailer at the time of a crash.

Some of the data an ECM records includes:

A truck’s average speed
How long a truck operated over a certain speed
A truck’s highest speed
Number of hard stops a truck experienced
Whether the truck’s air bag deployed

As you might expect, the data an ECM contains can play an important role in any legal action a victim pursues in the wake of a crash. However, it is critical to have your lawyer act quickly to acquire and preserve black box data. In many instances, the trucking company will try to retrieve the data first, which could result in its destruction.

Injury attorneys are prepared to use all lawful strategies available to help victims of truck accidents acquire the financial compensation they deserve. Even if it is impossible for some reason to retrieve black box data, do not give up. As long as you are prepared to exercise your rights, your lawyer will continue to fight on your behalf.

Determining Cause in a Semitruck Crash is Important

Tue, 17 Jan 2023 15:20:53 GMT

Semitruck crashes pit a large, heavy vehicle against a much smaller and lighter one. This can lead to considerable injuries to the occupants of the personal vehicles. When this happens, the injured individuals will need to seek medical care, which can end up being a costly endeavor. They might opt to pursue a claim for compensation to help them recover the damages they’re having to cover.

A claim for compensation needs to show what happened. You’ll need to determine the cause of the crash so that you can show how the trucker and other liable parties acted in a negligent manner that resulted in the wreck. If the case goes to trial, this information may help the court to set a percentage of liability to each defendant.

We understand that investigating a semitruck crash and filing a claim for damages might not be more than you are up to handling right now. That’s where our law firm comes into the picture. We’re here to help you throughout the process so that you can focus on your healing. We need to get started as soon as possible so that the time limits for the case don’t pass you by.

We’ll work with you to determine what types of damages you’ve suffered so that we can have a baseline for your case. Just remember that we can’t focus only on what you’ve already paid. We also need to think about the damages that you’re likely going to have in the future because once the case is resolved, we aren’t able to go back and seek more money.

Improper Care in the Emergency Department can Cause Harm

Fri, 13 Jan 2023 18:30:00 GMT

Individuals who seek medical care in an emergency room may be experiencing something life-threatening. They don’t need to have to deal with unnecessary delays in care or a lax standard of care when they do this because there can be serious consequences in these cases.

Unfortunately, not all patients receive the care they need when they enter the emergency room. There are various reasons why this might occur, but it is unacceptable for a patient to suffer harm because of something that could be prevented. When this happens, the patient can opt to seek compensation for the damages they suffer.

Improper care in the emergency de partment can lead to the person facing a worse fate than what would have happened otherwise. It can cause a condition that’s treatable in the early stages to become much more challenging to treat if it is left to worsen. Not only that, but the patient might also be in pain, which is also hard to bear.

We know that you only wanted to get help when you visited the emergency department. If you suffered any harm because of improper care while you were in the hospital, you may choose to pursue legal action. This can help you to cover the costs that you’re experiencing simply because of the malpractice. It may also take care of the wages you couldn’t earn because you were unable to return to work right away.

Medical malpractice claims can be complex sometimes. It’s imperative that you take the time to review your options. We can work with you throughout the process so that you can focus on healing while we handle the legal facets of the case.

How Common are Wrong Site, Procedure or Patient Errors?

Tue, 27 Dec 2022 17:30:00 GMT

Medical malpractice is a far too common occurrence in the United States. It may surprise you to learn about one common mistake that doctors make though. It’s a wrong body part, site, procedure or patient error. Instances such as these are commonly known as “never events” because there’s no excuse or justification for them to ever happen under any circumstances.

Wrong site or wrong procedure errors are fortunately fairly rare. A recent study conducted by the Agency for Healthcare Research and Quality revealed that these types of medical errors happen in approximately one out of every 112,000 surgical procedures. This means that some hospitals only see such an event once every five or 10 years.

Industry analysts argue that this estimate may be understated. They highlight how these statistics generally only capture how many errors take place in operating rooms and not ambulatory surgery or interventional radiology centers. They argue that the latter may have significantly higher error rates. Industry analysts point out that roughly half of these mistakes happen outside of the operating room.

Regulators have taken steps in recent years to reduce the incidence rate of the wrong site or procedure errors. One technique that doctors have been taught to employ in recent years is to sign the operating site before initiating a surgical procedure. It’s been difficult for regulators to get all doctors to adhere to this approach though.

Another approach that hospitals have used to help doctors avoid wrong site or procedure errors is to require them to perform a surgical timeout before an operation begins. This allows for doctors and their teams to review the file and the planned course of action before the invasive procedure begins.

Wrong site or procedure errors are considered a sentinel event. This means that they can cause permanent or severe harm or kill a patient. Such an oversight can significantly damage the reputation of the hospital or staff involved in the incident as well.

If you’ve been the victim of a wrong site or procedure incident here in Baton Rouge, then you may be entitled to monetary damages for pain and suffering, lost wages and possibly emotional distress. An attorney can help you hold your Louisiana health care provider accountable for their indiscretion so that they hopefully don’t do the same to anyone else again.

How do Spinal Cord Injuries Occur?

Tue, 20 Dec 2022 18:15:17 GMT

There are many different types of injuries that occur to people in Louisiana. Some of these injuries are relatively minor and do not require much medical attention. Many do not affect people’s lives in a major way. This is not true for all injuries though and some can cause lasting problems. Some of them may even affect people for the rest of their lives. One of these types of injuries is a spinal cord injury .

The spine is a very important body part. It is what sends the messages from the brain to the rest of the body. So, if it is hurt and is no longer sending the messages from the brain to the rest of the body, those body parts will no longer work properly. The severity of the spinal cord injury can vary, but in some cases people will lose the ability to use their arms or legs and in some

situations both. There are a variety of ways that people suffer these injuries, but some are more common than others.

Common causes of spinal cord injuries

The spine is typically injured from a blow to it which causes a fracture, compression, crushes it or dislocates the vertebrae. The leading cause of this is motor vehicle accidents, which account for almost half of all spinal cord injuries each year. Falls are the next leading cause of spinal cord injuries and the leading cause for people over the age of 65. Other common ways people

injure their spine are because of violent acts or they occur during different sporting activities.

Unfortunately, there are many people in Arizona who suffer spinal cord injuries each year. These occur in many different ways, but some are caused due to the negligent acts of other people. These injuries can be costly for the victims and if they are caused by other people, the victim may be able to receive compensation for the damages. It is important that victims receive what they deserve and consulting with experienced attorneys could be beneficial.

Alcohol can Impair Drivers in Different Ways

Fri, 09 Dec 2022 16:30:02 GMT

Drunk driving wrecks are fully preventable because the driver didn’t have to get behind the wheel after consuming alcohol. Unfortunately, innocent people are injured and killed every day by impaired drivers. It’s imperative that anyone who is drinking alcohol understands the ways that it can affect their ability to drive safely.

While there are some general ways that alcohol will affect a person, it might not impact the everyone in the same way. Even a blood alcohol concentration (BAC) as low as .02% can lead to a decline in judgement and visual function. As the driver’s BAC increases, so do the impacts.

By the time a person has a .08% BAC, they’re likely unable to drive safely. They may not be able to control their speed or steer effectively. They may also have a slow response to obstacles while they drive and be unable to concentrate.

A BAC of .10% comes with a noticeable reduction in their reaction time and an inability to brake or maintain the vehicle’s position in the lane. By .15% BAC, the driver is likely unable to maintain control of the vehicle at all.

People who are struck by a drunk driver will likely need to obtain medical care. Once this is done, they may look into seeking compensation for the damages that stem from the crash. This includes the money for the medical bills, as well as for the wages you were unable to earn because of the injuries. You must consider the expenses you’ve already incurred but you must also include the damage that you’re likely going to have to deal with in the future.

What are the Dangers Associated with Cervical Neck Manipulation?

Wed, 30 Nov 2022 16:30:00 GMT

Medical malpractice happens in all fields of medicine. A chiropractor is one of many different doctors who make mistakes that can leave you in a worse state than when you first went in to see them. One of the more injury-inducing adjustments that a chiropractor may perform is a cervical neck manipulation procedure. It can potentially cause damage to an artery, an injury that can easily cause a stroke .

Having a stroke due to high-velocity neck manipulation or a neck adjustment is rare, but it can happen. A chiropractic manual adjustment is supposed to restore a normal range of motion and flexibility in the joint, but it can result in vertebral artery dissection in some rare instances.

The vertebral artery is located in the back of the neck and is one of the four primary arteries responsible for supplying blood to the brain. When a tear in the artery occurs, it can cause a blood clot. If the blood clot breaks off, then it can cause a stroke. This occurrence often happens due to the artery walls becoming more narrow, restricting blood flow to the brain.

Incidents of vertebral artery dissections typically occur when there’s blunt force trauma, such as in an automobile accident or after someone takes part in high impact sports or rides on a roller coaster. Incidents like these can also happen after an individual goes to see a chiropractor, though. Individuals who are already suffering from neck pain may be more vulnerable to aggressive or improper neck manipulation.

If a Louisiana chiropractor’s performance of a cervical neck manipulation on you has resulted in you suffering a stroke, then you may be entitled to monetary damages. The amount that you’re entitled to may vary depending on numerous factors, including how permanent your symptoms are and insurance coverage caps. Your attorney can review the details surrounding your injury and advise you of the legal options that you can pursue in your Baton Rouge case.

Should you Settle Your Car Accident Claim?

Mon, 28 Nov 2022 18:24:47 GMT

Most people who are injured in a car accident simply want financial stability while they focus on their recovery. A little sense of accountability doesn’t hurt, either. This sometimes drives car accident victims to jump on settlement offers before fully vetting them to determine if they are as favorable as possible. Don’t let that happen to you.

You might be able to increase your recovery if you thoughtfully analyze your case and your settlement offer and act accordingly. Here are a few ways to go about assessing your case.

Know your losses

You can’t realistically say if a settlement offer is appropriate if you don’t know the value of your case. So, you’ll want to try to put a number on your medical costs, rehabilitation expenses, lost wages, and pain and suffering. This can be difficult to do, though, so you might want to find some assistance here.

Consider strengths in light of weaknesses

The chances are that your case has strong points and weak points. By thoroughly assessing both you can gain a more realistic picture of your likelihood of success at trial. This can also give you leverage during negotiations and steer you in the right direction as far as accepting a settlement offer is concerned.

Look at how similar cases have been handled

While no two cases are the same, there are usually similarities between multiple cases. This means that you can analyze how juries have responded to cases similar to yours, which can be informative in how you should act when negotiating.

Consider what goes into litigation

Litigation is often a drawn out and stressful process. While it can certainly be worth it, oftentimes leading to a larger recovery, there’s also some risk involved. So, you’ll want to consider how badly you want to hold out, or if you think it’s better to just take a settlement and move on.

Dealing with a personal injury case can be confusing, frustrating, and overwhelming. Yet, you don’t have to face your legal challenges alone. Instead, you can have a competent legal advocate on your side who can help you navigate your case toward what is hopefully a favorable resolution, whether that comes through skillful negotiation or aggressive litigation.

What Factors Affect a Trucker’s Braking Speed?

Mon, 28 Nov 2022 18:23:51 GMT

One of perhaps the biggest mistakes that passenger car operators make is assuming that truckers can stop just as fast as they can. There are many factors, including speed, grades and weight, that make this impossible. While there’s nothing much that a tractor-trailer operator can do to avoid an accident if a motorist cuts in front of them, there are steps that truckers can take to minimize their chances of causing other crashes .

A good rule of thumb for truckers is that the higher the truck’s weight, the more time they need to come to a full stop after they brake. A similar rule applies to speed. The faster a trucker travels down the road, the more time they need to give themselves to reach a full stop after applying their brakes.

An operator must give themselves eight times the standard distance to come to a full stop if they’re carrying double the weight of their standard load and traveling twice their average speed.

The speed with which a trucker can reach a full stop comes down mainly to brake temperatures. Incredibly hot brakes experience diminished stopping capacity. Properly functioning brakes generally register at 500 degrees. It only takes a 100-degree increase for them to begin to malfunction.

Subtle speed increases coupled with a full load can impact truck braking rates as well. Lighter trucks traveling at a slow rate of speed will have eight times the stopping power of a faster-moving, heavier one. Tractor-trailer operators who increase their speed by a modest 10 miles per hour from 50 to 60 may need 56% more time to stop their trucks than someone driving consistently at the lower rate.

Truckers who collide with passenger cars often leave the motorists that they strike with severe injuries due to the crash’s sheer force. Many of these accidents result in these drivers’ fatalities. Those who survive their Louisiana crashes often suffer spinal cord and other traumatic injuries. A truck accidents attorney in Baton Rouge can help you hold the trucker who struck you liable for their actions so that you can recover the compensation that you’re sure to need to pay for your current and future medical expenses.

When and Where are Truck Accidents Most apt to Occur?

Mon, 28 Nov 2022 18:23:49 GMT

The U.S. Department of Labor (DOL) keeps track of how many large trucks have crashes every year in this country. The federal agency’s data shows that there are approximately 475,000 of them tractor-trailer accidents annually. At least 140,000 of those crashes resulted in someone suffering injuries. Another 5,000 of them leave someone dead. There are trends as to when and why these crashes occur .

DOL statistics show that truckers often aren’t to blame for causing truck-involved crashes, but passenger car operators are instead. Some of the more common contributing factors that result in these crashes include human errors, speeding, poor judgment and distracted driving.

That same federal government data also shows that at least 29% of all truck-involved crashes are rear-end ones. Safety analysts take this to mean that passenger car operators generally follow truckers far too closely than they should.

An additional 29% of crashes are also head-on ones. Safety analysts argue that these result from motorists giving themselves too short of a window to pass a tractor-trailer successfully. The DOL also contends that this crash rate could have something to do with a motorists’ distractions or fatigue, causing them to cross the roadway’s centerline into oncoming traffic.

DOL data also shows that Thursdays are the one day in which truck accidents are most apt to happen. Fridays come in second place. It would seem that one of the reasons why truck-involved crash rates are highest on these two days is because they fall at the end of the standard trucker delivery schedule when truckers are most tired. DOL statistics show that most truck-involved fatal accidents occur between 6 a.m. and 3 p.m.

Trucks and cars don’t mix well with one another. There’s seldom a good outcome when a crash between the two occurs. One of the best things you can do if you suffered catastrophic injuries or lost a loved one in a Baton Rouge collision with a tractor-trailer is consult with an attorney. Your lawyer would want to assess negligence in your case before advising you how Louisiana law may allow you to recover compensation for your losses.

Unsecured Items and Cargo on Semitrucks can Cause Wrecks

Mon, 28 Nov 2022 18:23:45 GMT

Truckers must ensure that all cargo on their trucks is secured properly so that it doesn’t cause a hazard to other drivers on the road. But, their duty to keep things secure doesn’t stop only with cargo. They must ensure that everything attached to their rig, including unused straps, ladders and similar items are all secured.

Items that aren’t secured properly can come loose from the truck, which causes it to be an uncontrolled projectile. This can cause others on the roads to have to swerve if it lands in their lane. In other cases, the items might slam into other vehicles, which can lead to serious injuries or fatalities.

Truckers have industry-wide regulations that they must follow when they’re securing the loads they carry. This covers what types of securement devices they use and where those devices are placed. But, if an improperly secured load leads to an incident that results in injuries, the question of liability comes up.

In these cases, the trucker and the entity that loaded the truck might share liability. The trucking company and other parties might also be liable. This can make it difficult for victims of these cases to know where the real liability lies — and make it harder to seek compensation as each liable party tries to shift blame to the other.

If you were injured due to an unsecured load , your initial priority is getting medical care. Your attorney can look into the circumstances of the crash to determine who should be named as the defendants in the matter. Naming everyone who can share the liability is important so that you can get the compensation you need to cover the financial damages associated with the crash.

7 of the 8 Top Risks for Teen Drivers are Preventable

Fri, 25 Nov 2022 16:00:02 GMT

As a parent of a teenager, you are probably acutely aware of the risk that letting them get behind the wheel poses to their health and safety. Car crashes remain among the top causes of teenage death in the United States. All too often, the crashes that claim teenage lives are completely preventable.

According to the Centers for Disease Control and Prevention , the single most common contributing factor to teenage car crashes is inexperience on the part of a driver. There’s little you can do to overcome inexperience other than encouraging your teen to practice driving frequently, ideally with you or another adult in the vehicle.

Beyond experience, however, it is worth noting that all seven of the top eight remaining risks are personal decisions that you can help your child learn to avoid.

Make sure your teen knows what factors impact their ability to drive

Chances are good that your young driver has already heard from you and from other people about the risks of impaired driving and distracted driving. Both of those issues are well-known, and yet they remain among the top contributing factors for serious teenage crashes.

Explaining how risky those behaviors are is important, as is making sure your teenage driver knows about the risks of drowsy driving, especially at night. Driving when you feel tired is similar to driving when drunk because of how it affects the body’s ability. Nighttime driving on its own is also on the list of risk factors.

Putting a rule in place that allows your teen to call home without punishment when they need a ride, whether they are drunk or just too tired to drive on their own, will help keep them safe.

Encourage your teen to make good decisions when driving on their own

The three remaining risks from the top eight dangers for teen drivers involve decisions they make behind the wheel. Reckless driving, like racing with their friends, involves letting short-term benefits override the long-term significance of safe driving practices.

Not using seat belts is a frustrating decision that may stem from the common teenage belief that no harm will befall them. Finally, other teenagers in the car with a young driver are a major risk factor for a crash.

Limiting the number of passengers your teen can have in their car, having a mandatory seat belt rule and enforcing safe driving standards can all help motivate your teenager to make better decisions at the wheel that could decrease their risk of getting into or causing a collision .

Drunk Drivers can Cause Catastrophic or Fatal Crashes

Fri, 25 Nov 2022 14:30:00 GMT

Drunk drivers claim far too many lives each year. In fact, one out of every three fatal vehicle crashes has impairment as a named factor. Anyone who is on the road and sees signs of a drunk driver should try to remain away from that vehicle and alert the authorities, so they can determine what’s going on with the driver. Unfortunately, many people make the decision to drive drunk, and innocent people are often the victims of that choice.

A driver who has a blood alcohol concentration (BAC) of .10% or higher is around seven times more likely than a fully sober person to have a crash that claims a life. That risk increases to 25 times more likely if the driver has a BAC of at least .15%. The risk of a fatal crash increases with lower amounts of alcohol, too. In short, each drink increases the chance of the driver causing a fatality.

You’re more likely to encounter a drunk driver on the roads at night and on the weekends. Friday and Saturday nights from midnight to 3:00 a.m. are the times that this risk is the greatest. You shouldn’t discount the chance of coming across one at other times of day either.

People who are struck by a drunk driver might face very serious injuries that require extensive medical care that lasts a long time. This can be costly, and the person might not be able to return to work immediately. They might opt to seek compensation for the financial damages they face because of the wreck.

Are There Factors that Make a Truck Accident Unavoidable?

Thu, 24 Nov 2022 18:12:38 GMT

Trucks are very large vehicles. Not only are tractor-trailers several times the length of your average sedan, but they also weigh anywhere from 20 to 30 times the weight of your average car. They can’t be driven similarly. Truckers, in particular, need considerably more time to stop and maneuver their 18-wheelers.

In instances in which a tractor-trailer and an automobile collide, it’s often not the trucker that walks away injured; it’s the passenger car operator instead. Many motorists even die in such crashes.

Federal and state laws have been passed in the past few years prohibiting truckers from driving more than 11 hours at a time. These regulations were instituted in large part to curb the incidence rate of fatigued truckers causing crashes. Researchers previously found that those operators who spend more than eight hours driving without taking a break are twice as likely to get into a crash than others.

Data compiled by the Insurance Institute for Highway Safety (IIHS) shows that in 2018, there were over 4,000 individuals that died in crashes with large trucks. Those same statistics show that of the 4,136 individual deaths, at least 67% were passenger vehicle occupants. Another 15% were pedestrians.

IIHS data also shows that anytime there is a fatal two-vehicle crash involving a large truck and a car, all but 4% of the deceased motorists are the passenger vehicle operators. Those same IIHS statistics reveal that 11% of all the fatal motor vehicle crashes each year involve large trucks. At least 22% of those individuals who die in multi-vehicle crashes are passenger car occupants.

The traffic congestion on the roadways here in Baton Rouge makes them inherently unsafe. When you add to that outside factors such as driver fatigue, distractions and recklessness, this makes them even more dangerous.

One of the best things that you can do if you’ve been involved in a collision with a tractor-trailer is to seek out the advice of an experienced truck accidents attorney. Your lawyer can let you know how Louisiana law allows you to hold a negligent motorist accountable for their actions.

Filing a wrongful death suit to seek justice after a fatal crash

Thu, 17 Nov 2022 18:00:02 GMT

It’s easy to forget how dangerous motor vehicles really are until someone you love winds up in a tragic collision. Losing a family member in a traffic wreck can change your entire life in an instant. From the financial repercussions of that death to the emotional and social consequences of losing a relative or family member, you will have a lot to deal with in the wake of a fatal collision. With everything going on after such a loss, such as planning a funeral, finding space to grieve, and trying to adjust your family’s budget and responsibilities, you may overlook your right to hold the person who caused the crash responsible for the damage they caused.

Under Louisiana law , you have the right to file a wrongful death lawsuit if someone causes the death of your family member through a wrongful act, which includes crimes, or through negligence.

How does a wrongful death claim work?

The process for filing a wrongful death claim involves bringing a civil lawsuit against the individual who caused the crash. In some cases, such as a wreck caused by a commercial vehicle, it may also be possible to hold a business or employer responsible. You must file a claim within one year of the date of death.

Typically, you will have to also claim a specific monetary amount for the loss that your family suffered. Then you must demonstrate to the courts that the evidence supports your claim that the other person has responsibility or liability for the loss you suffered.

What compensation can you seek?

There is no easy way to put a real financial value on the love of someone in your immediate family. However, it is possible to assign a price to the impact of the death. Wrongful death lawsuits can seek compensation for lost wages that the deceased would have earned, medical costs they incurred prior to death, funeral costs, and loss of support or companionship.

Some of these losses have easy-to-estimate financial values, while others are harder to price. Determining the financial value of loss of support often involves looking at the services your loved one offered to your family. Did they maintain the lawn, provide childcare, or repair your broken vehicles? Did they serve as your family IT professional who kept all of your computers and phones working perfectly?

Those tasks that your loved one performed for your family have an identifiable financial value, as you will have to incur specific financial costs to hire someone else to provide those same services. From counseling to cleaning, the unpaid work your loved one provided to the family has value just like their future wages do.

There doesn’t need to be a criminal conviction to win a wrongful

death case.

Even if the person who caused the fatal crash didn’t wind up charged with or convicted of a crime in relation to the collision, it is still possible for your family to bring a successful wrongful death claim against them. The evidence required to bring a successful wrongful death claim or civil suit against someone is substantially lower than the kind of evidence required to convict someone.

When do Car Accidents Involve Vicarious Liability in Louisiana?

Tue, 15 Nov 2022 17:00:04 GMT

It is often assumed that when two or more vehicles collide, one of the drivers involved will be to blame and held liable. However, there are laws that can complicate these matters slightly. Under general negligence theories, the act of vicarious liability is recognized. This essentially means that a person could be held responsible for a car accident even if they were not at the scene.

There are many instances in which vicarious liability laws could come under effect. An individual car owner might be held responsible if they allowed another person to drive their car. In addition, a trucking company or a car rental company might be held responsible if they were irresponsible or negligent in some way.

If you have been involved in a vehicle collision in the state of Louisiana, it is important to understand how vicarious liability works so that you can apply it to your situation. The following are some of the most common instances where vicarious liability can come into effect.

Vicarious liability when a car is loaned

If you are the owner of a vehicle and you allowed your friend, acquaintance or family member to borrow your car, you have certain responsibilities. If you, for example, loan your car to a person whom you believe to be intoxicated, or you have a reason to believe that they will be irresponsible, you are likely being negligent. If they become involved in a car accident, you may be charged with negligent entrustment .

Vicarious liability when a person is employed to drive a vehicle

Commercial drivers are employed by companies who have a responsibility to ensure that they are safe drivers. Trucking companies, in particular, are highly regulated and must conduct frequent drug testing. If a commercial driver caused a crash, the company that employed them might be held liable under vicarious liability laws.

In addition to these common instances, manufacturers may also be held liable if a vehicle crashed because of a defect.

If you are unsure about whether vicarious liability laws will apply to your car accident case in the state of Louisiana, it is a good idea to conduct further research.

Wrongful Death and Traffic Accidents in Louisiana

Tue, 08 Nov 2022 16:30:00 GMT

The moments after a car crash can be a chaotic scene. As damaged vehicles and wounded people are in the roadway, often other vehicles will continue to travel by at high speeds. Sometimes, kind hearted people will stop by to help. Unfortunately, these good Samaritans can get hurt while trying to help others.

Accident on US 90B eastbound.

Recently, such a situation occurred in Jefferson Parish here in Louisiana. A car crash on US 90B eastbound drew the attention of several good Samaritans. These charitable people stopped to aid the car crash victims. Sadly, these good Samaritans were then themselves hit by another vehicle traveling down the highway.

The reason for the second crash involving the parties that stopped is still under investigation. The second crash tragically resulted in the death of one of the good Samaritans. After a thorough investigation, it is possible that the collisions like the second one will have facts suggesting a wrongful death . A wrongful death is a situation where an individual passes away because of the negligence or intentional act of another person.

Wrongful death lawsuit.

In the event that an individual is injured due the negligence or intentional act of another driver, the injured person may hold that driver responsible for their injuries. The injured person can file a personal injury lawsuit against the driver responsible for the injury. In the tragic event of a fatal accident, the victim’s family may file a wrongful death lawsuit instead. The family is entitled to file a wrongful death lawsuit not just because of financial loss, but because of emotional loss, the loss of companionship of their loved one.

Filing for wrongful death in Louisiana.

In Louisiana, wrongful death lawsuits must be filed by individuals who are the proper beneficiaries of the deceased individual. It must also be filed one calendar year after the passing of the individual. Spouse and children, parents, and finally siblings have the power to bring about a wrongful death lawsuit in Louisiana, and in that order.

An experienced Louisiana personal injury attorney can help the injured and their families navigate specific state laws in a personal injury or wrongful death lawsuit.

What Are the Different Patterns of Spinal Fractures?

Fri, 04 Nov 2022 19:00:00 GMT

The high-energy trauma of a car accident in Louisiana can cause fractures of your vertebrae, i.e., the bones in your spine. Often, though not always, these fractures occur in your thoracic spine, located in the middle of your back, or your lumbar spine in the area of your lower back. Another common location for spinal fractures from a car accident is the point where your thoracic and

lumbar spine meet. The name for this area is the thoracolumbar junction. According to the American Academy of Orthopedic Surgeons, there are different types of spinal fractures. However, they tend to follow three specific patterns. Therefore, doctors use the patterns to classify the type of fracture and determine the proper treatment.

Rotation fracture pattern

A rotation fracture can result in an unstable spinal injury called a fracture-dislocation. This occurs when one vertebra moves off of an adjacent one because of damage to the bone and/or soft tissue. A fracture-dislocation of the spine can put pressure on the spinal cord, an emergency situation. Another type of spinal fracture that follows the rotation pattern is a transverse process

fracture. In addition to rotation, it can result also result from extreme bending of the spine to one side. This type of fracture is not common.

Extension fracture pattern

Fractures that follow this pattern occur because of distraction, or pulling apart, of the vertebrae. A Chance fracture is one type that follows this pattern. It can occur when you are wearing a lap belt that immobilizes your pelvis while the force of the collision propels your upper body forward.

Flexion fracture pattern

In these types of fractures, damage to a vertebra causes it to lose height. In an axial burst fracture, the vertebra loses height in the back as well as in the front. When a compression fracture occurs, the vertebra loses height at the front only.

The information in this article is not intended as legal advice but provided for educational purposes only.

What to Expect Following a Spinal Cord Injury

Fri, 28 Oct 2022 19:00:00 GMT

When a person suffers a spinal cord injury, his or her main concern is making a full recovery. Unfortunately, this is not always possible.

Since no two people are identical, there is no way of saying for sure what type of recovery is expected after a spinal cord injury. Even so, there are some general rules of thumb that you can follow.

Before we go any further, remember this: There is always reason for hope after a spinal cord injury. In today’s world, doctors are doing more than ever for patients in this position. Here are some details to keep in mind:

People who suffer an incomplete injury are more likely to regain control of more muscles, but there is no way of saying for sure when or if this will happen.
When a person is seeing improvement, even small gains in regards to muscle movement, there is a greater chance for long term improvement.
When a person goes an extended period of time without seeing improvement, it may mean that things have slowed and not much will change in the future.

There is no way of knowing for sure what will happen as the result of a spinal cord injury. The best thing you can do is receive high quality treatment, while following the orders of your medical team.

Furthermore, at some point, you’ll want to learn more about the cause of your injury. If another person was responsible, such as a trucker who caused an accident, you may be able to receive compensation to help pay for some of your treatment and other financial obligations.

Who can you Sue for Injuries After a Hit-and-Run Crash?

Thu, 27 Oct 2022 14:45:00 GMT

Unfortunately, hit and run accidents are a far too common occurrence. Individuals may flee the scene of a Baton Rouge accident for various reasons. A motorist may have a suspended license, no insurance or a warrant out for their arrest. Whatever their reasons for fleeing the scene of the accident, a driver leaves you in a precarious position when they do so.

There’s no exchange of information when a hit-and-run crash occurs. The person who fled the scene is presumed to be at fault for your injuries, but you can’t hold them liable for any damages unless they are eventually caught. Fortunately, you may be able to file a claim with your own insurance company, instead, for such losses as medical expenses and lost wages if you have uninsured motorist coverage.

You may encounter significant obstacles as you seek compensation for the damages you you suffered as a result of your hit-and-run crash. Insurance companies are in the business of making a profit. The best way for them to increase their bottom line is to pay out as little as possible on claims. What you should take away from this is that a low-ball offer on your claim isn’t only possible, but it’s likely to happen.

If you’re unfortunate enough to have been hurt in a hit-and-run accident in Baton Rouge, then you may think that you have no one to sue for damages. It’s not the case, though. Your attorney will document the severity of your injuries and use that information to justify why it is that you deserve compensation in your Louisiana car accident case. Insurance companies have lawyers working hard on their side, and so should you.

Wrong-Way Drivers are Often Intoxicated

Fri, 21 Oct 2022 18:30:00 GMT

Wrong-way accidents keep happening, year after year, and they’re often on the interstate. To those who use the highway system, this can be a bit perplexing. There are many signs warning drivers not to go the wrong direction, and all of the on-ramps are set up so that it would be hard to make a mistake. And yet people do. Why is this?

The reason is that many wrong-way drivers are intoxicated. Drunk driving, along with drugged driving, leads to serious mistakes that people would never make otherwise. One mistake they often make is getting on the wrong side of the highway inadvertently.

You can find examples all over the country, not just in Louisiana. In nearby Texas , a judge was recently killed in a wrong-way crash by a driver who was then arrested after intoxication allegations. Another wrong-way driver was just arrested while driving through Phoenix. No matter how many times it happens, it just seems like it’s always bound to happen again.

Intoxication also makes it harder for the driver to realize their mistake. They may not see the road signs or they may not be able to read them. If they see headlights coming toward them, they may be confused about where the lights are or they may even think those drivers are in the wrong. When cognitive abilities are impaired, drivers often cannot sort things out fast enough to avoid a crash.

Have you been injured in an accident with a drunk driver? If you have, be sure you are well aware of all of the legal rights you have to obtain fair compensation for your losses.

Soft Tissue Injuries can Have Serious Post-Crash Consequences

Wed, 19 Oct 2022 16:15:00 GMT

People are often dismissive of soft tissue injuries that result from car crashes, possibly because a soft tissue injury won’t produce symptoms as dramatic as the the ones broken bones, spinal cord injuries or head injuries can create.

While a sprain, a contusion or a case of whiplash may not be as dramatic of a diagnosis as a traumatic brain injury, soft tissue injuries absolutely have an impact on your finances and quality of life. Certain soft tissue injuries may impact your ability to work. People may require weeks or months of physical therapy, massage, pain relief, muscle relaxer and other treatments, in order to recover from a soft tissue injury.

Given that they both impact your income and lead to additional expenses, soft tissue injuries from motor vehicle collisions can prove to be financially devastating for some people and may necessitate insurance claims or lawsuits.

Soft tissue injuries can impact work functionality for many professions

A soft tissue injury can leave you struggling with pain or having decreased range of motion, flexibility and strength. Depending on the kind of job you work, a soft tissue injury could very well mean needing to take time off until you recover.

Those with physical jobs are particularly at risk of having a soft tissue injury impact their income, although they could be a problem for anyone, as certain injuries might make sitting at a desk or standing painful if done for too long.

Those with employers willing to accommodate their physical needs may still require time off. High levels of pain and the medication necessary to control pain and relax muscles could make it difficult for someone to perform their job duties.

Soft tissue injuries can require expensive and possibly risky medical care

Soft tissue injuries often require a combination of pain management, physical therapy and other treatments, such as regular injections, for a patient to manage their symptoms during recovery.

Especially when patients require muscle relaxants or narcotic painkillers, there is substantial risk associated with the treatment involved, including the risk of developing a dependency on those pain medications or experiencing an overdose.

Those who suffer soft tissue injuries in a car crash may need to file an insurance claim against the other driver or possibly explore other avenues for compensation if they have lost wages or incurred medical expenses because of their injury.

How do Surgical Complications Differ from Malpractice?

Mon, 17 Oct 2022 14:45:03 GMT

A study published in February 2017 in the Journal of the Korean Association on Oral and Maxillofacial Surgeons captured how patients shouldn’t think of every surgical complication that arises as medical malpractice. The authors reviewed more than 1,500 Turkish oral surgery cases. They used those surgical outcomes to develop a clearer picture of how a surgical complication differs from doctor error or malpractice .

The study’s authors acknowledged at the beginning of their journal article that it’s not uncommon for individuals to use various terms or concepts, including “malpractice,” “adverse reaction,” “complication” and “side effects” interchangeably. The researchers noted that while each of these concepts is interconnected, they each have different meanings.

Study authors noted that the terminology “side effects” describes undesirable symptoms that a patient may experience alongside the original ones they were attempting to treat. The authors describe a “complication” as other symptoms or diseases that a patient may develop while treating another condition. They define “malpractice” as an illicit act resulting from a member of the medical team’s professional negligence.

The authors described examples of these different phenomena to help others understand the difference in them.

Study authors pointed out that an instance in which a doctor performed surgery on the wrong body part, caused trauma to an area outside of the surgical site or left a tool or gauze inside of a patient would be malpractice. The authors also agreed that any hemorrhage, post-operative infection or neurologic injury and drug side effects fall under the heading of complications.

The study authors emphasized how doctors can do more to reduce their medical malpractice lawsuit chances. One of the best ways that they can do this, they asserted, is by properly planning out procedures, being more thorough in explaining treatments to patients and improving communication among the medical team.

Countless surgical procedures happen daily without resulting in any complications or errors, both here in Louisiana and elsewhere in this country. However, there are those few procedures that result in a permanent decline in a patient’s quality of life forever. An attorney can help you hold the Baton Rouge doctor who left you a shell of the person you once were accountable for their negligence so that they’ll think twice before they ever do such a thing again.

Important Information for Driving Near Large Trucks

Mon, 10 Oct 2022 15:19:00 GMT

Big trucks carry goods throughout the country and are common sights on Louisiana highways. Despite their regularity in Baton Rouge, some drivers may forget just how different large trucks are from their personal vehicles in terms of their functionality and operation. The differences that trucks possess from regular cars can make them more dangerous to others on the roads.

Drivers should be aware of some of the important differences that big trucks possess that can make them hazards to motorists. This post does not provide legal advice but is intended to inform drivers of practices that can keep them safe when they are driving near semis and other large commercial vehicles. Victims of truck accidents should always remember that their claims are important and that they can talk to their trusted personal injury attorneys about possible paths to recovering their damages.

What drivers should know about large trucks

There are obvious differences that drivers can see that distinguish trucks from smaller personal vehicles. For example, trucks are big. They are taller, longer, and wider than most personal vehicles and they take up more space on the roads. These differences can translate into major operational differences between trucks and cars as well.

A large truck needs more time to stop because it is heavier than a standard car. It may be more difficult for a truck driver to see a car in its blind spot or on its side due to the length of its vehicle’s cargo. A large truck may not be able to maneuver around a smaller vehicle in the even it is cut off or forced to change direction quickly.

Responsible driving near trucks is a good way for drivers to stay safe. However, truck drivers also carry responsibilities to prevent accidents. When truck drivers fail in their duties, they may be held liable for their victims’ losses.

How truck drivers can prevent accidents

Safe driving does not just apply to personal drivers. It applies to truck and commercial drivers as well. Truck drivers can and should follow traffic laws, respect speed limits, and use care when on the roads. They should seek the proper training and licensing to operate large vehicles, and they should ensure that their trucks are properly maintained and safe to travel on the roads.

Truck accidents are serious and can result from different causes. Drivers can take steps to prevent some truck accidents, but truck drivers hold responsibility as well. Personal injury attorneys can help those who have suffered losses in truck accidents.

Doctors May be too Focused on Common Diseases

Thu, 06 Oct 2022 16:00:04 GMT

Doctors can and do make mistakes for a multitude of reasons, both during treatment and when simply making a diagnosis for a sick patient. These diagnostic errors, it has been found, can sometimes be attributed to focusing on notable and yet unrelated issues.

These are called salient distracti ng features , or SDFs. They have strong connections to particular disorders and diseases, which may be more popular or common than the true issue. Doctors can make mistakes when their attention is absorbed by these SDFs and they assume that the most common disease must be the problem.

Two examples

For instance, say a patient has lost a notable amount of weight. A doctor knows that weight loss is often connected to cancer. The patient actually does not have cancer, but has been sick for another reason and has lost weight simply because they changed their diet and exercise routine. A doctor who doesn’t ask enough questions about the patient’s habits could assume that the weight loss is a cancer symptom since that’s so common, but it’s not in this case.

Or, perhaps a patient has lung cancer. They complain of serious chest pain. Since the patient is an overweight, 60-year-old man, the doctor assumes it’s a heart attack since chest pain is one of the most common male symptoms. They may waste time treating or investigating heart disease when the real issue — lung cancer — goes undetected. This type of delay can be fatal.

If you have suffered harm due to a doctor’s error, you may be able to seek financial compensation . An experienced attorney can help you.

Four Tips Parents Should Share with Their Teen Driver

Mon, 19 Sep 2022 19:15:00 GMT

Getting their driver’s license is a right of passage for many teenagers in Baton Rouge. Teens may be excited to get behind the wheel with their newfound freedom, but parents should make sure these new drivers understand the importance of driving safely. The following are some tips that can help make teen drivers safe drivers .

Tip 1: Wear a seat belt

Teens might not understand the importance of buckling up. The National Highway Traffic Safety Administration reports that teen drivers were most likely to believe the opposite – that wearing a seat belt could put them in harms way in an accident, when the exact opposite is true. Of all fatal motor vehicle accidents involving those between the ages of 16 and 20, 60% of these individuals were not wearing a seat belt at the time of the accident.

Tip 2: Avoid distracted driving

Just about anyone can find it difficult to ignore the ding of a text message or a ringing phone while behind the wheel, teens especially so. However, texting and driving is extremely problematic and the cause of many collisions in Louisiana and across the nation. Cell phones are not the only way a teen can be distracted while driving. Teens should avoid eating, grooming, tuning the radio or chatting with friends while driving, so they can focus their attention on the road.

Tip 3: Do not speed

Teens often have a sense that nothing bad can happen to them and may think nothing of driving above the posted speed limit. Unfortunately, this impulsiveness and poor judgment can lead to a fatal crash. In fact, 37% of male teen drivers were speeding at the time of their fatal accident.

Tip 4: Avoid drunk driving

Drunk driving is something that should be avoided by every one of any age. After all, alcohol can inhibit our physical and mental capabilities, making it almost impossible to drive safely and leading to many devastating car accidents every year. However, teens who lack driving experience can be at an especially high risk for collisions if they drink and drive.

Talk to your teens about safe driving

These are only a few tips to talk to your teens about before giving them the car keys. Teens, just like anyone, can cause car accidents if they are negligent while driving. With the right support and experience teen drivers can be safe drivers.

The Financial Impact of a Spinal Cord Injury

Thu, 15 Sep 2022 14:45:00 GMT

A spinal cord injury can happen at any time. For example, this can be the result of a motor vehicle accident or slip and fall accident.

Since no two people are the same and since no two spinal cord injuries are identical, there is no way of knowing for sure what the future will bring. Here’s the most important thing to remember: The medical industry has come

a long way in regards to treating spinal cord injury. There is help available today with treatments that weren’t available just a few years ago.

Of course, help does not come for free. In fact, the financial impact of a spinal cord injury can continue to grow with each passing year that you require treatment.

If you or a loved one is faced with long-term treatment for a spinal cord injury, it’s important to understand the average yearly costs. This will give you a better idea of what to expect now and in the future.

The average expenses depend on many factors, including the type of injury, progress made and location. Along with this, lifetime costs attributable to spinal cord injury can also vary based on employment history and education. Due to the fact that the financial impact of a spinal cord injury can reach well into the seven figures, it’s important to plan for the future. This means many things, including seeking compensation for your injury.

For instance, if another party caused an accident that caused your injury, you need to look into the many ways you can receive compensation. This money will come in handy in the future as you seek the best possible treatment.

Source: Christopher & Dana Reeve Foundation, “ Costs of living with SCI ,” accessed Jan. 12, 2017

When Your Daily Commute Leads to a Spinal Cord Injury

Mon, 12 Sep 2022 20:30:00 GMT

Your daily commute to work in Baton Rouge is generally uneventful until you are sideswiped by an inattentive or aggressive driver. Afterwards, you begin to feel back pain. It is important to take this back pain seriously, as it could indicate a spinal cord injury .

When to assume you have a spinal cord injury

When you are in a car accident and suffer traumatic injuries to your back, it is safe to assume you may have a spinal cord injury until tests show otherwise. Spinal cord injuries do not always immediately manifest symptoms, but if these symptoms are ignored the severity of the injury could increase as can possible complications and the time it takes to recover. A person with a spinal cord injury may feel numbness in the affected area or paralysis immediately following the crash, or these sensations may come on gradually.

Types of spinal cord injuries

Some spinal cord injuries are complete, which means that all feeling and all motor function below the area of the injury are lost. Paralysis from a spinal cord injury can either be classified as tetraplegia or paraplegia. Tetraplegia is paralysis of your arms, hands, torso, legs and pelvic organs. Paraplegia is paralysis of your torso, legs and pelvic organs. Other spinal cord injuries are incomplete. This means that there is still some motor function and feeling below the area of the injury. There different degrees of incomplete spinal cord injuries.

Take spinal cord injuries seriously

If you have back pain following a car crash in Baton Rouge, it is essential to seek medical care to determine if you have a spinal cord injury. Spinal cord injuries can be incredibly expensive, not just in health care costs, but also in costs associated with daily care, lost wages from being unable to work and pain and suffering. For this reason, many people who suffer spinal cord injuries in an auto accident choose to pursue compensation from the party responsible for the collision.

Quick Action is Imperative After a Drunk Driving Crash

Fri, 09 Sep 2022 14:15:00 GMT

When you’re involved in a crash, you don’t immediately know the status of the other driver. When you find out that they were intoxicated, you might get angry because the crash was likely fully preventable. Instead of doing something you’ll regret later, you can take steps to protect your interests, so you can seek compensation.

The compensation that you seek can cover a host of damages. You have to think about the entire financial impact the wreck had on your life. This includes the medical bills you’ve already received, as well as personal care assistance costs and lost wages.

You can’t limit your damages to the ones you’ve already gotten. Instead, you need to also think about the costs that you might incur in the future. This helps to ensure that you aren’t left holding the financial burden of the wreck.

The damages you suffer in the wreck are likely dependent upon the type of injury you have. A catastrophic injury, such as one that impacts the brain or spinal cord, is likely going to be more expensive than a simple injury.

We understand that you might have questions about what options you have right now. It’s important to remember that there are strict time limits for filing your claim. This means you need to take action quickly after the crash, so you don’t lose the ability to seek compensation.

Proving fault in the wreck is one facet of your case that’s very important. When drunk driving is the root cause of the crash, you can include the applicable information in your claim to show liability.

Medication Errors Are Serious Matters

Thu, 01 Sep 2022 16:45:02 GMT

Patients who get prescription drugs need to ensure that they are taking them correctly or they risk facing harm. But what happens if they don’t get the correct drugs or receive an incorrect dosage? In this case, they might think that they are taking the medications correctly when they really aren’t. This can lead to harm.

The issue with pharmacies giving the wrong medications is that the patient’s needs might not be met. This could leave a condition untreated, and there is a chance that it might have a negative reaction with the condition or other medications that the patient is taking.

One way that patients can help protect themselves is to review each prescription they get before they take it. Comparing it to the pills they’ve gotten in the past and reading the description on the bottle can help you ensure that you are taking the correct medications.

We know that it is disheartening to think that you might suffer harm due to a pharmacy error. Even though you might trust your pharmacist, you should still exercise caution when you are getting your medications filled. This can help you improve the likelihood that you are going to remain safe.

The situation can become dire if there is a prescription error. You may need urgent medical care, and this might be costly. You might even have to take time off work to deal with the effects of the issue. We can work on your behalf to seek compensation for the damages that you are suffering because of the error.

Time Limits Apply to Medical Malpractice Claims in Louisiana

Tue, 30 Aug 2022 14:45:00 GMT

Medical malpractice cases are often hard for the victims to handle. Not only do they have to deal with the physical part of the situation, they also have to live with the mental impacts of the doctor breaking the trust they put in them. This can all be very difficult to do, especially when the malpractice first occurs.

Louisiana law doesn’t leave much time for healing before victims have to take legal action. There is a short one-year statute of limitations for civil actions related to personal injury and professional malpractice. This means that you will need to try to balance the need to heal with the demands of seeking compensation.

There are many ways that medical malpractice might impact you. In some cases, people need to have extensive medical care to address the issues that stem from the malpractice. This can be costly, even if they don’t have to pay for care.

The time off of work and other costs associated with the incident can lead to financial difficulties. There isn’t any reason why the victim in these cases should have to deal with this type of burden. Instead, they might choose to seek compensation .

Taking legal action can do more than just provide you with compensation. It also seeks to hold the doctor accountable for their actions. This might help to keep other patients a bit safer.

Still, it is sometimes hard for victims to take this step against a doctor they trusted. Staying quiet won’t help you or anyone else, so taking legal action can benefit more people than just you.

Catastrophic Injuries Can Come From Semitruck Wrecks

Mon, 29 Aug 2022 15:30:04 GMT

Trucking crashes can lead to catastrophic injuries that can’t be easily overcome. They usually require medical care and sometimes long-term care. It’s imperative that victims of these types of wrecks see a doctor and get put on an appropriate treatment plan.

The cost of medical care can be challenging for some people. Most don’t have the type of money it takes to cover the care they need, so they have to get on payment plans and work on trying to pay them down. This places a financial hardship on them.

Another issue that some of them have to deal with is that they aren’t able to go back to work right away. This reduces their income, which makes the financial situation more difficult. Their entire family can suffer.

One option that’s possible when the trucker was the negligent party is to seek compensation for the crash. This can move the financial liability from the victim to the party who caused the crash — or their employer.

We understand that being in a semitruck wreck like this is a traumatic experience. We are here to work closely with you to get the legal aspects of the case handled so that you can focus on the healing process.

We look at all aspects of your case to determine how to move forward with your case. This includes looking at the damages you’ve suffered so that you aren’t left trying to struggle to pay things related to the wreck. We have to consider the bills you’ve gotten already, as well as the ones that you might be in the future.

Are Fuel Trucks More Dangerous Than Others?

Thu, 25 Aug 2022 15:30:00 GMT

There are many different types of semi-trucks on the road, and it may not always be clear which ones you are driving by during your daily commute. You know intuitively that driving near trucks increases the danger to you since getting into an accident with one of these oversized vehicles is likely to cause serious injuries, but are some trucks more dangerous than others?

A risky profession

There is certainly an increased level of danger from trucks that carry oil and gas. Some reports have listed driving a fuel truck as a very dangerous profession , and drivers have to take on that risk. But it extends beyond just those drivers. In a two-vehicle accident, the driver and/or passengers in the other vehicle also face some serious issues.

It’s not that fuel trucks are more likely to crash, though driving a vehicle filled with liquid fuel can feel different than transporting other types of cargo. That’s especially true when turning, and drivers need experience and skill. But the real danger is that the fuel could ignite or even explode in the event of a crash. One spark in the wrong place could be all that it takes.

Certainly, the industry knows about these risks and there are safeguards in place, but all bets are off if a damaged fuel tanker begins leaking after a crash. Even though emergency crews arrive quickly, the odds of burn injuries and smoke inhalation injuries — among many others — rise for all people involved.

What are your legal options?

If you do suffer serious injuries in a crash, you may have a right to financial compensation for medical bills and other costs from one or more individuals or entities. It’s wise to determine what your legal options are.

Truckers Shouldn’t Ever Drive When Fatigued

Wed, 24 Aug 2022 14:54:53 GMT

Truckers who are fatigued pose a risk to anyone who is on the road with them. Unfortunately, some think that this feeling is just part of the job and don’t realize the hazards that come along with it. This might cause some of them to continue to drive even though they can’t do so safely.

Fatigue comes from several factors, but most of them are manageable if the trucker realizes that there is a problem. One of the more common reasons is that they drive for long hours. They might try to push how long they are behind the wheel of the truck, but they do have limits that are set by the Hours of Service (HOS) regulations. These place a cap on how many hours they can

drive, and there are different regulations for specific circumstances.

Medical conditions can also lead to trucker fatigue either from the condition itself or from the medications taken to manage it. Truckers have to go through a physical, so they might not be able to drive if they have medical issues.

Sometimes, tight scheduling is the culprit. This might make the trucker feel as though they aren’t able to stop when they are fatigued. It is imperative that trucking companies leave a cushion so that the drivers are able to rest when they are starting to show signs of fatigue.

Other reasons for fatigue are that the trucker might be driving on familiar roads or having to drive when they’d normally be sleeping. Having a stuffy cab, leaving early in the morning or driving when it is raining can also cause fatigue.

Victims of trucking crashes might find out that the trucker was fatigued. This can lead to them seeking compensation through a personal injury lawsuit to try to recover the damages they faced because of the incident.

Always Drive Safely When You’re Sharing The Road With Semitrucks

Fri, 19 Aug 2022 15:27:16 GMT

Driving near a semitruck on the road is something that many children enjoy. However, allowing this to happen for a prolonged period could put everyone in your vehicle at an increased risk of being involved in a crash. Around 5,000 fatalities , 140,000 serious injuries, and approximately 450,000 crashes every year involve these very large vehicles.

On average, a car weighs under 3,000 pounds, but a fully loaded semitruck can weigh over 80,000 pounds. The passenger vehicles are much smaller with an average length of around 15 feet while semitrucks are about 80 feet long. For anyone who is driving around semitrucks, being able to do so safely is imperative.

There are several tips you can use that should help to you get to your destination without any incidents:

Remember to keep a safe distance between yourself and the semitruck. This should allow them time to stop and might make it easier for them to see you.
Stay out of the blind spots. The truckers can’t see your vehicle when you’re driving in a blind spot, so they might turn in to you or try to switch lanes when you’re there.
Use common sense and follow traffic laws. This means that you remain alert while you drive. Use your turn signal and look at all lanes if you need to pass the semitruck.

Of course, you can be struck by a semitruck even if you’re driving safely. If this occurs, make sure everyone in your vehicle gets medical care even if you don’t think they had an injury. Victims of these crashes can seek compensation from the liable parties to cover expenses and other damages.

Is The Brain to Blame for Some Motorcycle Accidents?

Thu, 18 Aug 2022 20:23:27 GMT

Do you enjoy hitting the open road on your motorcycle? If so, you know that this can be one of the greatest joys in your life.

You also realize that other drivers don’t share your excitement for motorcycles. For this reason, you need to be aware that you could be involved in an accident at any point.

According to a recent study conducted by a Texas Tech University professor, the brain may cause some motorcycle accidents. More specifically, the way that the brain perceives distances could be responsible for some motorcycle accidents.

This study may be the answer as to why the most common type of motorcycle accident is when a vehicle turns left in front of a motorcyclist.

The study, entitled Effects of Size on Collision Perception and Implications for Perceptual Theory and Transportation Safety, concludes that vehicle drivers are not always able to accurately judge both the size of an object as well as how far away it s.

The study examined many fatal motorcycle accidents in the United States, noting that approximately 42 percent involved a situation in which a vehicle turning left crashed into an oncoming motorcyclist.

As a motorcyclist, you need to realize that passenger vehicle operators may not be able to judge your distance and speed. For this reason, you should take extreme caution as you approach intersections where a left turn may be made.

If you’re involved in any type of motorcyclist accident, you should first receive medical treatment. Once you’re stabilized, it’s time to learn more about the cause, which could include pinpointing why the driver of another vehicle made a poor decision. An attorney can then help you determine how to proceed with a claim for compensation for your injuries and damages.

Source : RideApart, “ Motorcycle accidents: How the brain is to blame ,” Tim Watson, accessed Dec. 29, 2016

Why do Delayed or Misdiagnoses Occur?

Wed, 17 Aug 2022 19:15:00 GMT

Cancer is a big concern in the United States. Statistics compiled by The Doctors Group capture how at least 25% of Americans will get diagnosed with cancer during their lifetimes. That same data shows that all but 40% will lose their battle with the disease. Early detection is critical if individuals hope to survive their cancer battles. Doctors often confuse a patient’s symptoms for other conditions aside from cancer, resulting in a patient suing their doctor for medical malpractice.

There are many reasons doctors make delayed or inaccurate diagnoses . It’s not uncommon for physicians to too readily accept a patient’s presenting concerns on face value instead of attempting to investigate the root cause of the problem, something that could shed light on a more serious diagnosis such as cancer.

Physicians are often too eager to defer to the more benign cause of a presenting concern instead of concluding that it’s something more serious. For example, a doctor may quickly write off rectal bleeding as attributable to hemorrhoids or coughing to an upper respiratory infection instead of as something more serious such as rectal or lung cancer.

Doctors may often order additional imaging or lab tests to rule out specific diagnoses, but they often rely too heavily on them. Data compiled by The Doctors Group shows that at least 17% of women may have clean mammograms despite having cancerous breast abnormalities.

Another reason doctors delay their diagnosis of patients’ cancer is that they fail to emphasize how important it is for them to return for further evaluations. A doctor should follow up with patients to ensure that they come back to receive a more thorough assessment and a more definitive diagnosis.

All patients owe it to themselves to see their doctors for regular medical exams and any time that new, persistent concerns present themselves. A doctor must take those signs and symptoms and thoroughly evaluate them to understand their root cause and rule out any more severe diagnoses.

Louisiana law may allow you to sue your physician if they fail to take the necessary steps to identify what afflicts you punctually. A medical malpractice attorney here in Baton Rouge can advise you whether you qualify to file a lawsuit in your unique situation.

Camp Lejeune Justice Act Attorneys: Do You Qualify for Compensation?

Tue, 16 Aug 2022 21:10:33 GMT

Camp Lejeune is a military base in Jacksonville, North Carolina. For over 30 years the water source at Camp Lejeune, New River, was contaminated with toxic, harmful, and dangerous chemicals. From 1953 to 1987 service members and their families were unknowingly drinking and bathing in this hazardous water.

When the water was tested in the 1980s it was discovered that leaking underground water storage tanks and waste disposal sites were releasing trichloroethylene, tetrachloroethylene, benzene, and vinyl chloride. These wells were closed in 1985 but impacted the over 1 million lives that lived and worked at Camp Lejeune long before and after. The serious health problems that may have been caused from this exposure include:

• Birth defects

• Miscarriages

• Infertility

• Leukemia

• Non-Hodgkin’s Lymphoma

• Renal Toxicity

• Parkinson’s Disease

• Amyotrophic Lateral Sclerosis (ALS)

• Bladder Cancer

• Breast Cancer

• Kidney Cancer

• Lung Cancer

• Liver Cancer

• Esophageal Cancer

• And Other Health Problems

President Biden has signed the Camp Lejeune Justice Act of 2022. This bill ensures that individuals, including veterans, their families, and anyone that lived or worked at Camp Lejeune between 1953 and 1987 and may have been harmed by the contaminated water receive fair compensation. Unfortunately, many claims have been inappropriately denied or delayed in the past. These individuals can now file claims in United States federal court.

Former residents can now seek reparations from the U.S. government, so if you or a loved one lived, worked, or served at Camp Lejeune between 1953 and 1987 you can file a claim for compensation. The experienced team of lawyers at McGlynn, Glisson, and Mouton can help you determine if you are eligible to file a lawsuit and help you receive the compensation that you may be entitled to.

How do Truck Drivers Cause Accidents?

Sun, 14 Aug 2022 15:30:00 GMT

There are many different types of vehicles on the roads in Louisiana every day. People may be driving sedans, SUVs, pick up trucks, motorcycles, delivery vans or trucks, tractor-trailer trucks and other vehicles of varying sizes. It is important for all drivers, regardless of the type of vehicle they are driving, to follow the laws and pay attention to the road. If they do not, they could cause a motor vehicle accident, which can result in significant damage and injuries to those involved in the accident.

While any size vehicle can cause serious accidents, large trucks are more likely to cause significant injuries and damage when they are involved in truck accidents. They are so much larger than the other vehicles on the road and do not even need to be travelling at high rates of speed to cause significant damage to the smaller vehicles in the accident. So, it is especially important that truck drivers are following the traffic laws, trucking laws and paying attention at all times.

Common reasons for truck accidents

Truck drivers do not always do those things though and cause truck accidents as a result. During a large study , there were 68,000 truck accidents caused by truck drivers. Of these accidents approximately 30,000 of them were caused because of a poor decision made by the truck driver such as driving too fast for the conditions. 22,000 were caused by poor recognition by the driver, which can include being distracted. 9,000 were classified as non-performance, which could mean falling asleep or having a medical emergency. 7,000 were caused because the driver overcompensated for something or panicked in a certain

situation.

If people driving in Louisiana are struck by a large truck due to the actions or inactions of the truck driver, they can be left in a very difficult position. They can suffer serious injuries and in addition to the physical issues may suffer financially as well due to medical bills and lost income. They may be entitled to compensation from the driver of the truck though. This compensation is

important and consulting with experienced attorneys could be helpful.

A Traumatic Experience can Create a Driving Phobia

Wed, 03 Aug 2022 15:15:00 GMT

Do you feel too nervous to drive? Do you make excuses to avoid driving your car? Did you put off getting your license because you did not really want it?

There are people who suffer from a driving phobia. You may be among them. This happens for many reasons, but one of the most common is when there was some sort of traumatic experience involving driving or riding in a car earlier in your life.

For instance, one woman was always afraid to drive and did not know why . She went to therapy. Eventually, she remembered something that had stayed buried for years. Her mother had been trying to drive a car when she nearly killed a man. As a child, she remembered sitting in the car as the man yelled at her mother about how he had almost died.

That woman had not been responsible in any way, since she was a child at the time, but the event with her mother had a drastic impact on her life.

That said, it doesn’t have to be a lost childhood memory. Maybe you enjoyed driving until another driver hit you at an intersection. You suffered serious injuries and a loved one died. In the wake of the accident, you developed the phobia.

If you have experienced something like this, it’s important to consider the mental and emotional ramifications of an accident. They can change your life just as much as any physical injuries. You may need to meet with therapists and other medical professionals. You may never be able to work again if you had to drive as part of your job. When facing all of these changes and costs, you need to know if you can seek compensation .

What Age Group Drinks and Drives the Most?

Mon, 01 Aug 2022 16:45:00 GMT

You can get injured by a drunk driver at any age. It could be a 15-year-old who doesn’t even have a license yet or a 65-year-old grandparent on the way home from a family gathering. Drunk driving spans all age group.

That said, there are some clear trends regarding alcohol use. What age group tends to drink and drive most often? Who poses the greatest threat to you?

Common age group for drunk driving

Statistics show that the age group that has the largest drunk driver total is those from 21 to 24 years old. They made up 27% of those involved in DUI crashes; it’s impossible to measure how many actually drink and drive, as many people get away with it, but looking at accidents and/or arrests can start to paint the picture.

The next age group, with 26%, consists of those from 25 to 34 years old. This age group is far larger, but it’s clear that the studies were trying to break things into groups that were close to a quarter. In any case, it still shows that the majority of drunk drivers are in their 20s or early 30s, with the early 20s carrying the greatest level of risk.

In related news, men tend to be drunk drivers more than women. If you had five drunk drivers who all got involved in accident, only one of them, on average, would be female. The other four would all be male.

What happens after a crash?

Have you gotten involved in a wreck caused by a drunk driver? You may be able to seek financial compensation for your injuries .

How You Can Help Prevent Prescription Drug Errors

Tue, 26 Jul 2022 19:30:00 GMT

Medication errors can occur at just about any point in a person’s health care – from a doctor entering the wrong information in the system to a nurse grabbing the incorrect bottle in a hospital to a pharmacist giving a prescription to the wrong customer. Those are just a few examples of errors that health care professionals can make – and for which they can potentially be held liable.

As patients, however, we can do our part to help ensure that we are taking the correct medications in the appropriate dosages. This starts by being informed and not being afraid to ask questions. If you’re getting a prescription filled, you’ll likely receive a multi-page document about the medication. Don’t just throw it away. Read it. Keep it.

Here are a few other things you can do to help prevent medication errors:

Give your doctor full and complete information about all medications you’re taking.

This includes over-the-counter drugs and supplements. This can help avoid potentially dangerous drug interactions if your doctor prescribes something new. When you go in for an appointment, bring a complete list or pack up your medications in a plastic bag and bring them in. Don’t rely on your doctor to have all of this information listed accurately in your records.

Be careful about how you take your medications.

For example, don’t chew a pill unless it’s meant to be chewed. Don’t split a pill into more than one piece to swallow it unless your doctor or pharmacist says it’s okay. If you’re taking a liquid medication, be sure to use a measuring spoon or the cap, if it’s marked. Don’t grab the nearest teaspoon and guess from there.

Don’t remove your medications from their original bottles or containers.

The only time you should remove your medications from the original container is if you’re putting them in a weekly pill dispenser, and even then, be extremely careful. If you have trouble sorting your meds for the week (or you just hate the process), some pharmacies provide pre-sorted prescription packs.

No matter how careful we are, we still have to rely on health care professionals to prescribe and dispense medications accurately and carefully. If you or a loved one has been harmed by a medication error made by a doctor, nurse, pharmacist or another professional, it’s wise to look into your legal options.

What is a Wrongful Death Lawsuit Worth?

Mon, 25 Jul 2022 18:15:00 GMT

If a loved one dies as the result of another person’s negligence, there will come a time when you begin to think about filing a wrongful death lawsuit. There are many aspects of a wrongful death lawsuit, making it difficult to fully understand your legal rights and the steps you need to take in the future. Many factors come into play when considering the value of a wrongful death

claim.

Here are some things to think about:

The first thing you need to do is understand what types of damages can be claimed. There are two types: punitive and pecuniary. Pecuniary damages are meant to cover financial loss, but are not always limited to the costs associated from the death, such as funeral and medical expenses. For example, it’s possible to also receive compensation for loss of support. These damages are based on health, age, profession and other life circumstances.

Punitive damages come into play if the death is a result of another person’s willful harm.

At our law firm, we know how difficult it can be to place a value on a wrongful death lawsuit. We also know what it takes to help our clients recover as much compensation as allowed by law.

If you find yourself in position to file a wrongful death lawsuit , don’t hesitate to learn more about the process for doing so. You may not understand how much a potential lawsuit is worth, but this detail can be worked out at a later date. For now, you simply want to push the process forward as to better understand your rights.

Drinking Makes Concentration and Thinking Difficult

Fri, 22 Jul 2022 19:45:00 GMT

Drinking alcohol has a drastic impact on your body, and it happens in a very short time. The initial buzz can actually feel invigorating. You may feel more social or like you have more energy. People often continue to drink because they think they can get back a buzz that they have lost or make that buzz better.

What really happens, experts warn, is that the depressant side of alcohol kicks in. People start to become sluggish and confused. The fun buzz disappears and will not return. Their judgment becomes impaired and they do things they would not do if they were sober.

One of the big issues is that concentration becomes difficult and your very ability to think and process information is diminished the more that you drink. It’s harder to pay attention to the details around you and you’re less able to absorb those details or consider what they mean.

This is when drunk driving gets very dangerous. A drunk driver may miss things like stop signs, red lights or brake lights indicating a traffic jam ahead. Even if they see the signs, they may not fully understand what they mean. And, even in cases where they still understand what is happening, their slowed reaction times may make it impossible to react and avoid a crash.

You may know that drinking and driving aren’t a wise combo and fully understand the affect alcohol has on your abilities. Unfortunately, you still have to share the road with drunk drivers, probably more often than you realize. If one of them causes an accident, be sure you know what legal options you have to obtain fair compensation for your injuries and losses.

Why is the Time-Out Process so Critical?

Wed, 20 Jul 2022 19:45:00 GMT

Medical errors can happen at any time. Doctors and scientists have long been working to come up with techniques or measures to minimize the risk of mistakes as much as they can. One such technique that has gained popularity in recent years is the time-out method. Those in the medical community developed this approach to help doctors reduce their chances of operating on the wrong patient or body part or performing an incorrect procedure on them.

The time out process requires a surgical team and medical staff to go through a series of checklists at various stages of any surgical procedure. The team may stop to review all pre-operation bloodwork or tests or to double-check that everyone understands what surgery the patient is undergoing. The team may take another time-out to ensure that no one left gauze or a surgical instrument inside of a patient before stitching them up.

Many medical facilities have been slow to implement time-out procedures at their facilities. Although some hospitals require doctors to perform them, they don’t. Even if they do, they may unsuccessfully carry them out. Medical providers should have a verified plan of action, and all team members must know their role and effectively communicate with one another. It’s not uncommon for team members to skip steps, though. They put patients’ lives in danger by doing so.

Time-outs must occur once all staff members are present and can actively participate in them to be effective. It’s not uncommon for staff members, such as those with seniority, to miss these periods, though. Others may perform them hastily or be distracted when they do them. Some staff members may be passive or fear reprisal if they speak up if they see something done wrong.

Hospitals and their staff can reduce the potential for harm to patients by lowering the risk of errors in the operating room. Open communication between hospital staff can minimize the chances of a patient suffering harm as well.

If your health deteriorated due to medical errors that occurred before, during or after your surgery, then you may be entitled to monetary damages here in Louisiana. The amount of financial compensation that you may be eligible to receive will vary depending on your case’s unique aspects. An attorney can assess your health care records and advise you of your right to file a lawsuit in Baton Rouge.

Semitruck Crashes Can Lead to Financial Devastation for Victims

Tue, 19 Jul 2022 19:08:58 GMT

Semitrucks are large and heavy vehicles that can do a lot of damage to smaller vehicles. When this occurs, the occupants of the smaller vehicle can suffer considerable injuries. These include things like brain or spinal cord injuries. In some cases, the person’s life might be dramatically different after the crash than it was before.

These wrecks can happen for a variety of reasons, some of which are the fault of the trucker. If you’re involved in one, determining this is imperative so that you can plan your next steps. If the crash was the fault of the trucker or another party, you might choose to seek compensation. We’re here to help you do this, but you should act quickly because state law sets time limits for doing this.

We understand how important it is for you to focus on your healing during this time. You might not be able to do much about your claim. We’re here to represent you throughout the process so that you can try to work through the challenges you’re facing after the wreck.

One thing that you shouldn’t have to deal with is the financial implications of the wreck . Unfortunately, the costs of these crashes can be significant. You aren’t dealing only with medical bills. You also have to think about the money you aren’t earning if you have to take off work.

There are going to be bills that happen for the duration of the time you’re trying to recover from the wreck. When we work with you, we want to ensure that you get all the compensation you’re due, including what’s necessary for future bills you may incur.

What’s the Cause of Jacknife Incidents?

Fri, 15 Jul 2022 16:00:08 GMT

Jackknifing can occur when a trucker loses control and the trailer they’re towing and becomes inverted in an L or V shape. This type of issue can occur with commercial vehicles and less experienced drivers who might be using a trailer as part of a move, relocation or towing a boat or camper.

It’s tough, if not impossible, for the operator of a tractor-trailer to regain control and correctly position the trailer once it becomes jackknifed. Such an event often results in the vehicle becoming involved in a collision of some sort. These wrecks often involve another car. The trailer and the vehicle transporting it can also become overturned and flip over.

A vehicle can jackknife for a variety of reasons. The tires may lose traction, causing the car to skid. Truckers also often fail to check their side mirrors to ensure that their trailer is in proper alignment, thus giving way to a crash. Sometimes a trucker’s hard braking or a sharp turning will result in a trailer getting out of sync. Truckers must avoid any sudden maneuvers when they have a trailer attached to their vehicle if they hope to stay jackknife free.

There tends to be a higher rate of jackknifing among trucks with empty trailers. The heavier the trailer, the more the tires are gripping the road creating a constant level of friction. Tractor-trailers and transport vehicles come equipped with brakes that are capable of responding to heavy loads. Thus, when the trailers are empty, over braking is more of a possibility.

Jackknife incidents can result in quite catastrophic injuries as they often involve motorists crashing into unmoving objects. The force of such a crash tends to be higher than when a driver strikes a moving object instead.

If you’ve suffered injuries in an accident with a truck or other vehicle that has jackknifed here in Louisiana, then you may be entitled to monetary compensation for any losses that you’ve incurred. An experienced truck accident attorney in Baton Rouge can evaluate your case and recommend the best course of action for you to pursue to hold any negligent parties accountable for their actions .

How Different Blood Alcohol Content Levels Affect Motorists

Wed, 13 Jul 2022 19:45:00 GMT

Law enforcement officers are routinely on the lookout for drunk motorists. They don’t always get the opportunity to stop them before they cause a crash, though. Police officers find themselves performing field sobriety tests at the scene of an accident instead. Police officers generally haul motorists away for blood alcohol concentration (BAC) testing if they fail those. National Highway Traffic Safety Administration (NHTSA) research shows that there are subtle differences in how BACs impact motorists .

It’s illegal for anyone under the age of 21 to consume alcohol in Louisiana. Underage motorists can be charged with a DUI if they have a BAC of .02%. Individuals may feel relaxed and experience an inability to render judgments, to do two things at once or track moving objects at this stage.

Motorists who have a BAC of .05% may have difficulty making sound judgments. They may not be as alert as they should, have lowered inhibitions and lack visual focus. Drivers may struggle with steering, tracking objects, remaining coordinated and responding well to emergencies at this stage.

A BAC of .08% is considered legally intoxicated in Louisiana. They’re likely to have difficulty rendering judgment, identifying dangerous situations, remembering things and exhibiting self-control. A person with a .08% BAC is likely to have vision, hearing, balance, reaction time and speech problems. Drivers may also have difficulty concentrating, regulating their speed, processing information, remembering things and perceiving things around them.

Drivers who test as having a BAC of .10% are likely to have difficulty controlling a vehicle, with coordination, processing information or reacting to different stimuli. Motorists with a BAC this high often struggle to remain in their lane or to apply their brakes at the appropriate times.

Any motorist with a BAC of .15% is likely to have difficulty with balancing and very little muscle control. They’re likely to be quite inattentive and to be devoid of both auditory and visual processing skills.

Driving isn’t something that motorists can passively do and expect to remain safe. There are many moving parts that drivers have to contend with on the road. Drivers must be fully attentive to do so. The potential severity of a crash increases when a motorist isn’t aware of their actions. An attorney can help you hold an intoxicated driver accountable for their actions if they caused you or a loved one to suffer catastrophic injuries here in Baton Rouge.

How Much Does Alcohol Change Reaction Times?

Fri, 08 Jul 2022 17:00:00 GMT

One of the major reasons that drunk driving is so dangerous is that it reduces a person’s reaction times. When something unexpected or sudden happens, they cannot react to it properly. This is why someone may feel like they can drive well, even though they’ve been drinking, but they’re still a potential threat even if they’re not swerving all over the road or making other serious errors.

But how big is the change in reaction time? It doesn’t have to be long to make a huge difference.

What is the legal limit?

The legal limit for driving is a BAC of .08%, so let’s look at someone who hits that number exactly. Yes, people can technically get a DUI while under the legal limit, but it’s easiest to consider why that limit was set.

Someone who has that BAC is going to react about 120 milliseconds after a sober driver . If they are traveling at a highway speed limit of 70 MPH, that means their car continues moving for 12 extra feet.

While the actual reaction time seems small, 12 feet can be an enormous difference. It can be the entire difference between stopping in time or hitting another car, a pedestrian or a cyclist. And that’s just for people who are at the legal limit, which may only take one or two drinks. Once people go far beyond that, reaction times plummet.

Have you been injured?

Even a little alcohol can be enough to cause a drunk driver to hit your vehicle. If you get injured in the crash, you may be able to seek financial compensation .

How Prevalent is Drunk Driving in the United States?

Thu, 07 Jul 2022 16:56:26 GMT

Drunk driving is a serious problem both here in Louisiana and throughout the U.S. Data collected by the Federal Bureau of Investigation (FBI) in 2014 showed that police arrested as many as 1.1 million motorists for driving under the influence (DUI) that year. Another study, conducted by the Substance Abuse and Mental Health Services Administration in 2013 showed that an astounding 28.7 million motorists admitted to operating their vehicles after consuming alcohol. The shocking drunk driving trends don’t stop there either. FBI data from 2014 also shows that drunk motorists take to the road as many as 300,000 times per day. Police only end up taking 3,200 into custody, though. National Highway Traffic Safety Administration (NHTSA) data shows that a new person dies in a drunk driving crash every 50 minutes.

A 2017 NHTSA study showed that a person’s risk of becoming involved in a fatal drunk-driving crash at night was nearly four times as high as it was during the daytime. That same study also highlighted how 28% of the fatal crashes on weekends were alcohol-involved, whereas only 15% of the ones on weekdays were.

NHTSA data shows that 27% of all drunk drivers involved in fatal crashes in 2017 were between 21 and 24. Those individuals belonging to the 25 to 34 age group accounted for 26% of all alcohol-involved crashes. Motorists ages 35 to 44 were responsible for 23% of all other fatal drunk driving collisions in 2017. A 2013 study published by the Substance Abuse and Mental Health Services Administration showed that drunk driving was the highest among motorists ages 26 to 29 at 20.7%.

Drunk driving is a serious issue. While the fatality rates are high, they could be higher given how many motorists operate their vehicles while intoxicated from either alcohol or drugs without the police stopping them. Drunk driving accidents often result in unsuspecting, innocent car operators’ serious injuries or death.

Louisiana law allows both survivors and a deceased motorist’s loved ones to sue for their losses. An attorney can advise you whether you qualify to file suit in your Baton Rouge case.

How do Insurers Assign Liability for a Crash?

Mon, 27 Jun 2022 14:00:01 GMT

Drivers seldom accept responsibility if they cause car crashes. They are often hesitant to do this because they don’t want to receive a ticket for a traffic violation or accept financial responsibility for another driver’s injuries and car damage, including the increase in insurance rates that come with causing an accident.

It’s not uncommon for crash scene investigators to step in and investigate a collision in which liability isn’t clear. There are certain factors that they look for to determine responsibility for a crash .

Louisiana is an at-fault car accident state, which means that the person responsible for causing the crash has an obligation to pay for any property damage or injury claims that may arise from the incident. Insurance adjusters consider crash details and state law when attempting to determine liability in a crash.

How states view fault or negligence varies. Louisiana uses a comparative negligence standard, whereby insurance companies may assume that no one driver caused a crash.

An insurer may ultimately decide to hold one motorist responsible for causing at least a portion of the accident and assign responsibility for the remainder to another driver. If an insurer determines that you were 60% to blame for your crash, then you may only be able to recoup 40% of your crash-related expenses from the other driver’s insurance company.

You may end up having to recover some of your expenses from your own insurance company or the other driver’s, either partially or wholly, depending on the determination an insurer makes regarding liability.

Insurance companies work much like any other business. Their focus is often squarely on their bottom line. Adjusters will try to deny liability when they can.

You’re sure to have extensive medical bills if you suffered a severe injury in a crash. It can make a world of difference if you have an attorney advocating for you who has extensive experience dealing with insurance companies. A skilled Baton Rouge lawyer can challenge insurers to help you recover the compensation you deserve.

Two Court Case Types Can Stem From a Drunk Driving Crash

Thu, 23 Jun 2022 16:45:00 GMT

The shock of being struck by another vehicle can seem almost surreal. When you’re in this position, it can be hard to think about everything you need to do. One of the most important things is to contact emergency services to have the police and paramedics come to the scene. Once the officer arrives, they will try to determine what caused the crash. If they have reason to believe that a drunk driver caused the wreck , they will take steps to determine if that’s the case.

If you find out that the driver was intoxicated when they struck you, you’re likely going to be infuriated because the accident could have been avoided if the person didn’t get behind the wheel. The driver is almost certainly going to face criminal charges, but you can also seek compensation from them through the Louisiana civil court system.

While a person can’t face criminal charges twice for the same drunk driving incident, they can face a criminal case and a civil one. While the outcome of one case doesn’t depend on the other, there are some elements that can cross over.

Being able to prove the intoxication level of the other driver is one important element in your case. This is also a factor in the criminal case. You’ll also need to be able to show that the person didn’t exercise the appropriate care, which contributed to the crash.

There are many damages that you might seek as part of your claim. These include repayment of medical care costs and money for the wages you were unable to earn while you were healing. Others might also be possible, so be sure to have a thorough legal review done of your case.

Some Crash Injuries Aren’t Apparent Immediately

Thu, 16 Jun 2022 15:15:00 GMT

If you’re injured in a crash caused by a drunk driver (or any at-fault driver), you may not be aware of all of your injuries immediately. This might be especially true if you were a bit under the influence yourself and riding with someone you thought was sober enough to drive.

Even if you were completely sober when the crash occurred, you may not notice some injury symptoms until days or even longer after the crash. Maybe you were overwhelmed by the shock of the accident for a time and didn’t feel the full physical impact. Perhaps the pain of one or more injuries was so bad that you didn’t notice others until that pain began to subside.

Whatever the situation, it’s important to watch for delayed sympto ms that could be a sign of a potentially serious injury that needs treatment.

These include:

Headaches : These might indicate a concussion or even a blood clot.

Back pain : This could indicate vertebrae damage or injury to nerves, muscles and/or ligaments.

Shoulder or neck pain : These are common symptoms of whiplash. While whiplash has been joked about over the years, it can be a potentially serious injury after a crash, and symptoms of it are often delayed. It’s particularly common after rear-end crashes.

Numbness : This symptom should never be ignored. It could also be a symptom of whiplash. It typically results from damage to the spine or neck.

Abdominal pain/swelling : This could be a symptom of internal bleeding. If you’re experiencing this after a crash, see a doctor immediately.

Other delayed symptoms that you should watch for include dizziness, movement changes, personality changes, memory loss, depression and loss of hearing or vision. These can be signs of a traumatic brain injury (TBI).

Some impacts of a car crash aren’t physical but are debilitating nonetheless. Post-traumatic stress disorder (PTSD) is not uncommon after a crash — especially for children. The impact on your life of having PTSD after a crash shouldn’t be underestimated.

It’s wise to see a doctor if you’ve been involved in a crash , even if you don’t think you were seriously injured enough to warrant it — and to be aware that some injuries may not be apparent right away. Don’t settle with an insurance company and/or the at-fault driver until you know what kind of medical, physical therapy and mental health care you’re going to need.

Drug Labels Must be Accurate

Tue, 14 Jun 2022 15:13:43 GMT

It’s incredibly important that prescription drugs and over-the-counter medications are safe for consumers. This begins with the safety of the actual drug itself when considering the precise components and the impact on the patient, but it also extends to the label. That label has to be clear and accurate, and mistakes made on a label can qualify as dangerous defects.

For instance, labels usually give recommended doses. This is sometimes done by age. If the dose for those who are 12 and under is supposed to be half of the dose for those who are adults, but the dose is listed as the same amount, that labeling mistake could put young people at risk of overdosing. That’s a very serious concern, even for otherwise safe medication.

A prescription label should also:

Be scientifically accurate
Offer clear instructions
List every single ingredient
Put those ingredients in order, with those most common in the drug
coming first
Use all established ingredient names
Provide balanced, accurate information that is never misleading
Provide warnings about potential side-effects

Some of these rules help to regulate labels so that they are more than just marketing devices. They need to be honest, and they cannot downplay or ignore side-effects and other concerns in the name of selling more products. They also cannot make inaccurate claims about things that the drug cannot do or instruct people to take more than they actually need.

Have you suffered serious harm because of a defective drug or a defective label? If you have, you must know what legal steps to take .

How to Deal With Your Insurance Company After a Serious Crash

Mon, 06 Jun 2022 14:45:00 GMT

Many people don’t quite understand how motor vehicle insurance works. When you pay your insurance policy premium in Louisiana, you are not paying for coverage for yourself. Instead, you are specifically protecting yourself from liability in the event that you are responsible for a crash that hurts someone or damages their property.

Their policy, in turn, will cover your injuries and property damage if they are the responsible party for the collision. You can also add riders that provide you with medical coverage and protection from drivers without insurance or without adequate coverage for your injuries or losses.

Regardless of who is at fault, you need to take a careful approach to your interactions with both your insurance company and the insurance carrier for the other person involved.

Don’t say anything that admits fault on your part

If the other driver caused the crash, but they also got hurt, you might feel compelled to apologize to them for their injuries. Unfortunately, such an apology could be considered an admission of partial liability for the crash. You should avoid apologizing to the other party, law enforcement, and insurance representatives after an accident.

Take notes, and get a copy of the police report

When you need to file an insurance claim against someone who causes a crash, your insurance company may pay for your initial expenses. They do that with the intention of subrogating those payments to the other insurance company. Subrogation involves one insurance policy charging another policy for expenses related to a claim.

Having a copy of the police report that shows that law enforcement believed the other party was responsible can help you move your claim process forward. Having information about the responding officer, the other party involved in the crash and any witnesses can also help speed up the insurance investigation into the collision.

Prepare yourself for potential negotiations

Insurance companies are businesses, and they don’t like to just hand away money to people. Even if you get an offer for a settlement, the chances are good that the offer will be less than what you actually deserve based on the property damage or injuries you suffered.

You need to be ready to stand firm and negotiate with your insurance provider or the other insurance company. However, many people find that negotiating, especially after a serious injury, is prohibitively difficult. That is why working with the Louisiana personal injury attorney makes a lot of sense if you get hurt in a crash caused by another driver.

Your attorney can give you advice regarding what to say to the insurance company. They can also help you negotiate a fair settlement or take the insurance company to court if they refuse to pay your claim in bad faith.

How long will you stay in the hospital after an accident?

Tue, 31 May 2022 15:30:00 GMT

If you suffer injuries in a car accident and get taken to the hospital, one of the questions you will likely have is how long you’re going to need to stay in the medical center. Every day that you’re there increases your eventual hospital bill and the financial impact of the accident.

Naturally, the length of the stay depends on a lot of factors. If you just look at the average, on a national level, you’ll find that it is 4.5 days . Hospitals are working to get more efficient and shrink this average time if possible. But that may be a bit longer than you’d expect. What would spending an entire workweek in a hospital really be like?

The biggest factor to consider is the type of injury. For a simple bone fracture, you may be in and out quickly. They’ll set the bone, put on a cast, and allow you to go home and heal.

If you have a traumatic brain injury, on the other hand, you could be in the hospital for weeks. You may have trouble doing simple things like speaking or physically taking care of yourself. Even as you begin to heal, you may need to stay in the hospital to get physical therapy and regain skills. For every person who gets released in a few hours, you have others who spend days, weeks, or months in various hospital rooms.

If you do experience a long stay, the costs can be incredible, so make sure you know what options you have to seek out compensation from the driver who caused the crash. You have every right to ask their insurance to cover your medical bills, lost wages, and other losses.

What Happens if You’re Hit by an Uninsured Driver in Louisiana?

Tue, 24 May 2022 20:44:37 GMT

No driver is supposed to be on the road unless they have car insurance that will cover their losses — and the losses of anyone they hit — in an accident. Unfortunately, Lousiana’s troubled car insurance system has uncompetitive rates that many residents simply can’t afford — so they go without and take their chances, hoping that they don’t need it.

So, what happens when you’re hit by one of these uninsured drivers? Unless you have declined such coverage in writing, you most likely have uninsured coverage that will take the place of the other party’s insurance when it comes to your bills, lost wages and other losses. (The same generally holds true if the other driver has insurance but the value is too low to meet your needs.)

If you’re in an accident with an uninsured or underinsured motorist, take the following steps:

1. Call 911 . Seek medical attention first, if necessary, and file a report with the police.

2. Exchange information with the other driver, so that you can tell your insurance company who hit you.

3. Do not agree to a cash settlement from the other driver to just walk away from the accident.

4. Call your insurance company right away to report the accident and your known injuries. Make sure they understand that the other driver does not have insurance so that they won’t be waiting on another company to pay your medical bills.

Finally, it may be wise to talk to an attorney about your rights regarding compensation, especially if your injuries are serious . A misstep now could cost you dramatically.

How Common are Adverse Drug Events Among Antibiotics Patients?

Fri, 20 May 2022 20:25:26 GMT

Various medications that doctors may prescribe their patients can cause adverse effects. This includes antibiotics, opioids, stimulants and depressants. Antibiotics, in particular, may be among the most dangerous.

The Centers for Disease Control and Prevention (CDC) contends that antibiotics are one of the more commonly misused medications that result in adverse drug events (ADEs), leading to patient admittance to the emergency room (ER) far too often.

An estimated 200,000 patients visited an ER here in the United States between 2013 and 2014 after experiencing an adverse event associated with consuming antibiotics. This number equates to 16% of all ADE visits that occurred nationwide during that same time frame.

Those same CDC statistics show that 56% of children ages five or under who visited the ER with an ADE during that time frame suffered from an antibiotics-related complication. That same data shows that the leading reason adults under the age of 50 came to the ER with an ADE was for an antibiotics-related condition. The CDC’s statistics show that at least 82% of these complications were allergy-related ones.

A CDC estimate from between 2004 and 2006 captured how only one in every 1,000 patients who consumed antibiotics would need to visit the ER after suffering a side effect. A patient’s risk factor for developing an upper respiratory infection was even lower. The researchers found that the most common type of adverse event was an allergic reaction. They concluded that the most effective way of minimizing this type of ADE was to reduce a patient’s use of antibiotics as much as possible.

Getting a prescription drug into a patient’s hands is a collaborative effort. Manufacturers must let doctors know of the medication’s intended uses and associated side effects. Doctors should take a thorough medical history on their patients and assign the proper diagnosis to minimize their ADE risk. Pharmacists must go over potential contraindications and emphasize proper dosage instructions when a patient fills their prescription. When someone fails to do their job, a patient can suffer.

If a drug manufacturer, physician or pharmacist fails to uphold their responsibility to advise you as the patient of the side effects of taking a prescription drug, then Louisiana law may allow you to hold them accountable for their actions. An attorney can review your Baton Rouge case’s details and let you know how you may want to proceed .

Hit-and-Run Accidents Often Involve Alcohol or Drugs

Thu, 19 May 2022 20:43:15 GMT

Hit-and-run accidents happen all the time in the United States, and one of the biggest questions that researchers have is simple: Why? Why do people who know they should stay at the scene of the crash, still decide to leave? Why do they risk it even though it’s a crime and they are only making the situation worse for themselves once they’re caught?

There are numerous reasons. For some, a wreck can just be emotional and overwhelming. They’re frightened and unsure how to react, and so they run. You can even look at this as the traditional fight-or-flight syndrome that kicks in when people face stress. It doesn’t help them in this situation, but they react instinctively.

For many, though, the issue is drug or alcohol use . If a driver is impaired, he or she knows that the ramifications of the accident are already far bigger than they would be after a sober accident. They do not want to get caught, and so they flee the scene and hope to evade the police. Someone with a criminal record for past drug use may do almost anything to try to avoid getting arrested again.

Of course, all these drivers do when they flee the scene is increase the number of charges they’ll face when they do eventually get caught. But, after an accident, they only have a few minutes to react. Many simply make the wrong decision.

If you get involved in an accident and suffer injuries, once the driver does get caught by the police, you may be able to seek financial compensation for your costs. Even if a hit-and-run driver isn’t caught, you may have other legal options. Find out more about your rights.

Help When Victims are Injured by a Distracted Driver

Tue, 03 May 2022 20:39:03 GMT

Distracted driving can cause car accidents that can seriously injure and harm victims. To help prevent distracted driving accidents in Louisiana, drivers should know what is considered distracted driving and avoid those behaviors but victims of distracted drivers should also know about the legal protections available to them.

The facts about distracted driving in Louisiana

Distracted driving is a contributing factor in many car accidents. From 2011 to 2015 in Louisiana, 26,977 victims were injured and 192 victims were killed because of driver distraction either inside or outside of the vehicle.

What is distracted driving

Distracted driving is most commonly thought of as texting while driving or cell phone use while driving but any behavior that removes the drivers’ s attention and focus from driving can be considered distracted driving. This can include eating while driving, grooming while driving or reading while driving. Operating a radio or navigation decide may also be considered distracted driving. Drivers should also avoid activities while driving that remove their hands from the wheel or eyes from the roadway. Engaging in distracted driving is risky for everyone on the roadway.

Distracted driving laws and liability in Louisiana

In Louisiana, all drivers are prohibited from texting while driving and all cell phone use must be hands-free in school zones. Additionally, drivers under the age of 16 are prohibited from using a cell phone while driving. Distracted drivers may face fines and other penalties but may also face civil liability to victims harmed by their negligent actions in a car accident . Victims should be familiar with how they may be able to receive help with their injuries and damages following a distracted driving accident.

Will Turning On Your Headlights Help Prevent an Accident?

Mon, 25 Apr 2022 20:34:54 GMT

People often try to think about all the different things they can do to reduce the odds of getting in a traffic accident. They buy cars with backup cameras and blind spot monitors. They increase their following distances and always obey the speed limit. They avoid driving on the weekends, when DUI crashes are more common.

But what if there was one simple thing you can do to lower your accident odds with the flip of a switch? As it turns out, there is. All you need to do is turn on your lights.

Even when driving during the day, having your lights on has been shown to decrease the odds of a crash . Even just using your daytime running lights can make it 11% less likely that you’ll crash, and those aren’t as bright as your headlights.

The issue is visibility. Having the lights on changes nothing regarding what you can see, of course, which is why many people don’t realize how helpful it is. However, having your lights on changes how easy it is for other drivers to see your car. If you have your lights on, even it’s already bright out, you still stand out more to other drivers — as well as to pedestrians, cyclists and anyone else on or near the road.

The next time you drive, take a second to flip on your lights. It could change everything.

Unfortunately, accidents can and do still happen, even to drivers who practice safety. If you get injured, you may need compensation for your medical bills and other costs .

A Drunk Driving Death Happens Every 45 Minutes

Fri, 15 Apr 2022 20:32:47 GMT

Though most car accidents are avoidable with a little extra care, few are as easily avoidable as drunk driving accidents. Drivers know well that driving under the influence is dangerous and illegal, and all they need to do is find another ride, whether that means getting a designated driver or calling a cab or ride share vehicle.

But they don’t. They continue to underestimate the risk and drive while intoxicated. And, in turn, they keep causing these devastating accidents, leaving tens of thousands of people with serious injuries, damage to their vehicles and many other expensive issues.

In fact, the fatality rate from drunk driving is stunning . Some sources claim that a person passes away in one of these accidents every 45 minutes . That’s nearly two lives lost every hour, or 32 people every day. It doesn’t take long to consider the impact these crashes have over the course of a month or a year.

What can you do?

If you’re worried about getting hit by a drunk driver, try to avoid the roads at night, when drinking is more common. If you spot a driver you think is intoxicated, keep your distance. Always be a defensive driver, looking for mistakes and errors that haven’t even happened yet. Understanding the risks and watching out for those drivers is your best chance to avoid a crash, along with not drinking yourself.

If you do get injured or lose a loved one in a crash caused by a drunk driver , that’s when you need to know your rights to compensation.

5 Things to Remember When Driving Through a Work Zone

Mon, 04 Apr 2022 20:28:54 GMT

Road construction is a way of life for drivers throughout Louisiana. No matter the time of year, drivers will likely encounter some type of work zone that must be safely navigated to get to their destination. While they can represent a longer, slower trip these necessary projects are unavoidable.

Here are five tips for safe driving through a work zone :

1. Create a buffer zone between you and other cars . In general, you’d like to create a bigger space between you and the car in front of you. This “follow distance” or “stopping distance” ensures you have the time to react to slowed vehicles, traffic snarls or a merge lane.

2. Workers are probably there even if you don’t see them . It is not uncommon for drivers to encounter warning signs but see no workers. The false assumption follows that there are no workers present, so safety signs need not be followed. It is important to remember that workers might be in a roadside trench or in another out-of-sight location.

3. Follow safety instructions . A work zone will often be populated with signs, signals and flaggers who are directing safe traffic and warning drivers of upcoming hazards. It is critical that you follow these instructions as you proceed through the construction area.

4. Minimize distractions . While this might be important advice for any driver in any situation, it is especially critical when driving through a work zone. Drivers who are distracted by phones, eating or reading email are more likely to miss traffic hazards.

5. Follow merging recommendations . Lane closures tend to lead to the most frustration and instances of road rage. As soon as you see signs for an upcoming merge, it is wise to start preparing even if it means your trip is extended by an extra few minutes.

Motor vehicle collisions can lead to severe injuries ranging from head trauma to paralysis. When you are driving through a work zone, it is important to use extra caution to recognize stopped traffic, lane closures or road debris. If you were injured in a vehicle crash , do not hesitate to seek legal guidance regarding your options for monetary compensation.

Distracted Driving Shouldn’t Ever Happen

Thu, 31 Mar 2022 20:25:58 GMT

Distracted driving is a big problem throughout the Baton Rouge area. With the interstate and major thoroughfares snaking through the city, drivers must head out on the road only when they’re ready to give their full attention to driving. Unfortunately, many people who live in Louisiana and those who are traveling through our beautiful state allow themselves to become distracted by various things.

There are three areas of distraction that directly impact drivers. These include:

Cognitive : not thinking about driving
Manual : hands not on the steering wheel
Visual : not looking at the roadway

Talking to other passengers, eating or drinking, manipulating GPS, climate control or the stereo, and using a cellphone are all distractions that can plague drivers. Even looking at billboards on the side of the road can be problematic.

In Louisiana, texting while you drive is illegal. This is considered a primary offense , so police officers can pull you over and ticket you if they catch you. Don’t think that you’re going to be able to slip past them with distracted driving because they’re trained to watch for the signs.

Drivers who aren’t paying attention to the roadway can cause catastrophic injuries. In only five seconds , you drive the length of a regulation football field if you’re going 55 miles per hour. Many accidents can occur in that time.

For people who are struck by distracted drivers , seeking compensation is possible. You might need considerable medical care and you may be unable to return to work right away. The financial impact of this shouldn’t be your responsibility. Instead, your case can hold the distracted driver liable for those expenses.

Your Delayed Onset Injury Still Needs Medical Care

Thu, 24 Mar 2022 20:24:17 GMT

You were in a significant traffic collision, but you were fortunate enough to be able to walk away relatively unscathed. You felt like you were okay, so you decided not to go to the hospital. You wanted to get on with your day, so you simply waited as the police took care of their records and then went on to work.

You did fine most of the day, but as things moved forward, you started to notice a little swelling in your leg. By the time you were ready to go home, it had started to become painful. You drove yourself to the hospital and told them that you’d been in an accident.

You were given an X-ray for your leg and knee at the hospital, but nothing turned up that would cause this much pain. A doctor working on your case suggested getting an MRI, and once you did, it was clear that there were significant areas of damage to your ligaments around the kneecap and the cartilage in your knee. You were fortunate that walking on your leg all day hadn’t made things worse, but you’ll have to go through physical therapy at the very least.

This is one time where the delayed onset of an injury could have turned out worse than it did. After a collision, it’s normal not to feel all of the injuries you suffered or not to believe they are as bad as they appear. Pain is often delayed, and swelling may not occur immediately. Your body is designed to keep you agile and aware, so pain and symptoms of injury are sometimes hidden for several hours (and more rarely, days).

What should you do if you said you were okay at the scene but now need medical care?

The good news for you is that delayed-onset injuries are totally normal, so you may not even be questioned about why you’re suddenly going to the hospital when you walked away at the scene. Make sure you talk to the doctor and let them know that you were involved in a crash, so that they take steps to identify any potential injuries that would have been caused by the jarring or impact to your body.

It’s usually advised that everyone goes to the hospital after a crash, even if they feel fine. Delayed onset injuries are part of the reason why it’s smart to go in, even if you feel well.

Were You Involved in a Crash Because of Road Flaws?

Wed, 16 Mar 2022 20:22:00 GMT

As a resident of Louisiana who has been involved in a crash, you know exactly how damaging these incidents can be. They can be particularly hard to handle when they’re single-car crashes where faults with the road are the cause. MGM Attorneys are here to help you in your quest for compensation.

When you think about single-car crashes, you may not realize just how many factors can be completely outside of the driver’s control. For example, roadway conditions are a big issue. This includes not only the state of the road and surrounding area itself, but also the roadway markings or signage. Have you ever driven down a road where the paint is so faded that you can no longer tell where lane divisions are? What about a road riddled with potholes? Both of these can easily contribute to damaging crashes.

The set-up of roads can be a problem, too. For example, almost every driver knows at least one dangerous intersection in their daily drives. Because of the way a road or crossing is set up, visuals may not be the best. There may be blind spots, and drivers may end up going without realizing that they are not in a safe position to do so. These and other similar issues are not the driver’s fault.

Have you been involved in a single-car crash due to roadway defects or other factors outside of your control ? Then take a look at our web page on car crashes and single-car incidents, linked here. You can contact our attorneys as well for more information.

Defective Drugs can Lead to Manufacturers Being Sued

Tue, 15 Mar 2022 20:25:30 GMT

Drug companies have a duty to manufacture medications that are as safe as possible. Because no drug will have a prefect cure rate without some risks, the drug manufacturers need to alert the public to the possible negative reactions of the drug. This is done by placing a warning on the drugs.

Unfortunately, not all negative impacts are preventable. There is a chance that a manufacturer either missed a fatal side effect or tried to cover it up. In both cases, seeking compensation for the damages is possible. We understand how difficult taking this step is.

One thing that you have to remember in these cases is that there are going to be side effects of any drug. This can be difficult for many because they might not always be evident to everyone who takes it, so you’ll know you’re having one after you take it. Some of these side effects can be serious or life-threatening.

People who opt to pursue compensation for a negative drug impact due to a defective medication need to be able to prove that the drug caused their issues. Oftentimes, we will use the information gathered from various sources, including case files. We might also need to call in medical experts to help prevent this type of issue from happening all over again.

The last thing that you need while you heal from the injuries is to find out that you’re going to be held financially accountable. We want to help you shift that responsibility from your shoulders to the company that produced the defective drug.

Many Damages are Possible in Car Crash Claims

Fri, 04 Mar 2022 21:18:47 GMT

Being involved in a car crash can lead to very serious injuries. Unfortunately, these injuries can sometimes be catastrophic and life-changing. When this happens, you have to think carefully about what you’re going to do now.

One thing that some people might not think about is how much this will financially challenge you. Not only do you have your normal regular bills, you also have the ones that are related to the crash.

We know that adding more expenses to your life can be difficult. The medical bills alone can add up considerably. If you were injured by another person’s negligence, you might choose to seek compensation for the damages that you’ve suffered. This step can help you shift the financial responsibility to the person who hit you instead of having to deal with it on your own.

There are other types of damages that you might claim . This includes compensation for wages that you weren’t able to earn as you healed from your injuries. If they were catastrophic, you might not be able to return to work, which means you will need to be able to cover your life expenses.

We can discuss your case with you, so you are aware of what’s possible. This enables you to make informed decisions about each matter that comes before you. Ultimately, the goal is for you to avoid having to deal with financial ruin just because of the accident that wasn’t your fault. We work closely with you to determine how to work toward the outcome you seek for this matter.

Tips on How to Cope With Your Car Accident Injuries

Mon, 28 Feb 2022 21:15:43 GMT

A car accident injury can disrupt your life in ways that you never expected. It can leave you with ongoing pain, limited physical mobility, emotional harm, and financial insecurity. While all of that can become quickly overwhelming, there may be things that you can do to make your life a little easier after being injured in a car accident .

There are a lot of components to a successful recovery. Hopefully these tips will help you find a way forward and reclaim your life.

Ask for help

A lot of people think that asking for help makes them weak. This isn’t the case. Asking for help can alleviate the overwhelming burden you’re facing, making things a little bit easier. Also, you’ve probably got more family and friends who are willing to help than you realize. Don’t overlook other types of help, too, like mental health and legal professionals, as well as support groups.

Don’t force happiness

You’re probably mourning your loss if your injuries have left you disabled, but even if your injuries aren’t that severe you shouldn’t try to suppress your emotions. Instead, try to acknowledge them so that you can find acceptance.

Be realistic

Physically recovering from your injuries is hard, but don’t set yourself up for failure by setting unrealistic goals. By creating achievable goals you can build momentum and gain more satisfaction out of your recovery.

Be open-minded

There are a lot of different ways to treat your injuries and condition. Be receptive to new medical and technological advancements that could make your life easier.

Be knowledgeable

Knowledge is power, especially when it comes to your medical condition and your legal options. By being informed, you can make the decisions that are best for you.

Dealing with the aftermath of a car accident can be painful and stressful, but you can let an attorney take some of the stress off of your shoulders by developing a strong legal case that seeks to recover compensation for your damages. If you’d like to learn more about that and other ways to ease your recovery, consider discussing your case with a reputable attorney.

Types of Drug Recalls

Fri, 18 Feb 2022 21:24:35 GMT

If you are like a lot of people in Louisiana, when you think about medical errors related to pharmaceutical drugs, you might initially think about being given the wrong medication or an incorrect dose of a medication. These are some examples of drug errors than can harm patients. However, there are also errors that may begin far before a medication ever makes it to a pharmacy or to your home.

In some cases, there may be a problem with the drug itself, with the way in which it is manufactured or even the way it is labelled. These are some of the factors that may contribute to a medication being recalled. The United States Food and Drug Administration explains that drugs may be voluntarily recalled by the manufacturers . There are also times when the FDA may step in and require a pharmaceutical manufacturer to issue a recall.

There are three classes of recalls with a Class III being the least serious. This recall is issued if labelling or manufacturing problems are identified. Class II recalls pertain to drugs that may have a small risk of serious problems or might cause some temporary condition or side effect to patients. Class I recalls are for situations in which a high likelihood of serious problems related to the drug has been identified.

If you would like to learn more about the types of drug recalls that may happen and how you can get help if you or a loved one have been injured due to the use of a potentially defective medication, please feel free to visit the pharmaceutical errors page of our Louisiana medical malpractice website.

Mount a Comprehensive Claim After a Car Crash

Fri, 18 Feb 2022 19:41:55 GMT

Motor vehicle crashes can lead to serious injuries for the occupants of the vehicles. These can range from things like broken bones to spinal cord or brain injuries. When these occur, the victims can rack up considerable medical bills and other expenses related to the crash. We know that this is a troubling time for you, so we are ready to help you pursue legal actions to recover the damages that you face related to the wreck.

When you are involved in an accident , you need to have the police come out to make a report. If you have any injuries, you need to have those evaluated quickly, so you can determine what treatment plan you need to follow to address them. As the complainant, you have a duty to mitigate the damages you have.

Your duty to mitigate means that you take reasonable steps to minimize the amount of damages that you have because of the incident. You aren’t expected to do anything that a reasonable person wouldn’t do. You also aren’t asked to do things that violate your religious beliefs.

There are many different types of damages that you might have in these cases. Medical care costs, lost wages and pain and suffering are a few of these. When you are launching your claim, you must ensure that you are accurately accounting not only your past expenses but also your future expenses. Once your case is resolved, you can’t come back to ask for more money. We are here to help you through the situation, so you know your rights and options.

Lawmakers Seek to Give FDA Power to Recall Dangerous Drugs

Tue, 08 Feb 2022 21:25:16 GMT

The U.S. Food and Drug Administration (FDA) is tasked with overseeing the safety of a number of products. However, its authority isn’t as great as many Americans assume it is — and as some lawmakers would like it to be.

The FDA can recall many of these products, including vaccines and medical devices, if they’re found to be dangerous or defective. It’s been less than a decade since President Obama signed food safety legislation that — among other things — gave the FDA power to recall unsafe food, and only if the company behind it refuses to do so.

However, the FDA still can’t recall drugs. The most the agency can do is urge drug companies to recall unsafe products and try to get them as well as pharmacies to notify customers about the potential danger.

The FDA can and does issue its own safety warnings. However, drug recalls have to be voluntarily done by the manufacturer. The FDA can’t penalize drug manufacturers if they refuse to recall a product.

The same lawmaker who introduced the bill that President Obama signed in 2011 is still working to give the FDA more authority — whether the agency wants it or not.

As the 2020 congressional session got underway, Congresswoman Rosa DeLauro reintroduced a bill called the Recall Unsafe Drugs Act. Some of her Democratic colleagues have also signed on to the proposed legislation that would give the FDA the authority to mandate drug recalls.

The bill is going to face some opposition from the pharmaceutical industry, which claims that it typically complies with FDA requests for voluntary recalls. According to at least one media report, FDA officials don’t want the power to require drug recalls.

It remains to be seen whether this bill is able to gain any traction in a Congress that’s divided on issues large and small along partisan lines. That’s why it’s essential that consumers to pay attention to safety alerts — particularly when it comes to prescription as well as over-the-counter drugs.

One way that consumers can incentivize drug manufacturers to pull potentially dangerous products off the shelves is to take legal action when a drug has caused them to suffer harm . If this has happened to you or a loved one, an experienced attorney can provide valuable guidance.

Avoid Covering the Air Bag When You Drive

Mon, 31 Jan 2022 19:32:35 GMT

Drivers have long been taught to put their hands at the 10 and 2 positions on the steering wheel, but this isn’t the recommended positioning any longer. If your vehicle has an airbag and you’re in an accident with your hands at 10 and 2, you could face some serious injuries because of the airbag deployment.

It’s now recommended that you have your hands at 9 and 3 or 8 and 4 instead. The need to avoid the airbag mechanism isn’t the only reason for this. The other reason is that cars now have safety features that make them easier to turn and maneuver. The 10 and 2 positions that were recommended years ago were made in part because it was easier to turn with the hands there, but you don’t have to use that method now.

If you drive with your hands over the airbag area, you’re at risk of suffering from burns, degloving, or amputations because of the force of the deployment. It’s also possible that your hands could slam into your face and cause injuries, including a broken nose or a concussion. These injuries can be gruesome and serious, so it’s best to do what you can to avoid them.

Making this small change in how you drive can greatly impact your safety, but it doesn’t make other drivers drive any safer. If you’re struck by another vehicle , make sure you take stock of any injuries that are present. Obtain medical care if necessary. This can help you make your case if you opt to seek compensation from the negligent driver who struck you.

ADHD Linked to Car Accidents

Fri, 21 Jan 2022 19:27:27 GMT

When you think about distracted driving, it’s easy to see the problem. Someone who is not focused on the road is at greater risk of causing an accident through their own inattention. Naturally, then, you may wonder if there is a link between a disorder like ADHD (Attention-deficit/hyperactivity disorder) and the odds of a crash.

Researchers who have studied it have determined that there is a link and that those with ADHD are more likely to get involved in “ serious transport accidents .” While this commonly applies to car accidents, it could also apply to truck accidents, commercial vehicle accidents, motorcycle accidents and much else.

The researchers were quick to point out that ADHD medication may help reduce that risk, although the exact amount of risk reduction is not yet known. Technically, reports from the National Center for Biotechnology Information say that the odds of a wreck could be “possibly reduced” through the use of medication and that this applies mostly to male drivers. The study did look at male and female drivers as two separate groups.

What this suggests is that the greatest risk, at least when looking at these factors, is a young male driver who has been diagnosed with ADHD and prescribed a medication, but who has not been taking that medication. The distraction that driver experiences, or their inability to remain focused, could lead to a car accident. Of course, other factors may also be involved, such as traditional distractions like using a cellphone.

If you get injured in an accident with another driver, make sure you know how to seek financial compensation . You shouldn’t have to be responsible for the consequences of a wreck that wasn’t your fault.

Defective Drugs can Lead to Manufacturers Being Sued

Tue, 11 Jan 2022 17:00:22 GMT

COVID-19 and Widespread Denials of Business Interruption Coverage

Mon, 03 Jan 2022 16:58:18 GMT

Since the stay-at-home orders began in March, non-essential businesses have taken significant hits to their bottom line. With nowhere to turn for assistance, apart from temporary federal relief, business owners are looking to their insurance companies for help.

Unfortunately, many insurance companies are denying policy holders’ claims amid the pandemic. And the result is a series of lawsuits from owners of restaurants, bars, gyms and other businesses, including retail and non-essential medical and dental.

According to a recent Forbes publication , there are some states that have mandated insurance refunds for workers’ compensation and automotive premiums. But that will simply not be enough. The pandemic’s hit on businesses is widespread, impacting numerous industries and threatening small and big businesses alike. For example, restaurant transactions in early April dipped more than 40% and there is nowhere for their owners to turn .

Insurers are trying to justify many denials by pointing to an exception in their business interruption policies for viruses and other related epidemics. Indeed, insurance companies are even denying claims in which there is no language specific to virus exceptions. This is wrong because insurance companies are supposed to protect the assets of those policyholders who put their trust in them.

That is why these actions by insurance companies can be challenged. If your business interruption insurance claim is denied, you may have cause for legal action. This is best done with help from attorneys who are highly skilled in litigation. If you are a business owner whose business is suffering from the COVID-19 pandemic and you are denied coverage or are unsure whether you have business interruption insurance, it makes sense to talk with legal counsel about your rights and options.

7 of the 8 Top Risks for Teen Drivers are Preventable

Fri, 24 Dec 2021 22:15:48 GMT

Beyond experience, however, it is worth noting that all seven of the top eight remaining risks are personal decisions that you can help your child learn to avoid.

Make sure your teen knows what factors impact their ability to drive

Putting a rule in place that allows your teen to call home without punishment when they need a ride, whether they are drunk or just too tired to drive on their own, will help keep them safe.

Encourage your teen to make good decisions when driving on their own

Do You Know the Potential Side Effects of Certain Drugs?

Tue, 21 Dec 2021 21:25:28 GMT

In the United States, drug companies have to be very clear about the potential side effects of drugs that people take. Even if these medications are deemed safe for public use, that public still needs to know what the risks look like. It’s the reason that every drug commercial has a voiceover telling you about a huge list of potential issues.

Common risks

That said, many people who take common or over-the-counter medications may not realize exactly what risks they face. For example, some common nonsteroidal anti-inflammatory drugs (NSAIDs) have been found to make it more likely that you will have a stroke.

One example is ibuprofen, something many people have at home and take without a second thought or without reading the bottle. Another is naproxen. With either, the increase in stroke risk is small, but that doesn’t mean that it isn’t there. If you take these regularly and then have a stroke, which can be fatal or at least a life-changing event, is it because of the medications that you were taking?

Plus, this is just one example of how Americans face potential threats from medications every single day. It’s all too easy to focus on the benefits and ignore the downsides, or to assume that feeling fine in the moment means that there won’t be any long-term ramifications. This can put you in danger of a serious injury or even death.

Four Tips Parents Should Share With Their Teen Driver

Fri, 17 Dec 2021 22:13:15 GMT

Tip 1: Wear a seat belt

Tip 2: Avoid distracted driving

Tip 3: Do not speed

Tip 4: Avoid drunk driving

Talk to your teens about safe driving

New Technology Could Protect Teen Drivers From Crashes

Thu, 09 Dec 2021 22:09:43 GMT

Technology to help teens

Though not every car features cutting-edge safety technology , it is becoming more and more prevalent. Your next motor vehicle purchase could very well include one or more of these features:

Teen driver mode: Parents could put a car into teen driver mode to activate several corresponding safety features to encourage good driving habits.
Buckle to drive: With this feature, a car would not activate unless the driver and passengers buckle their seatbelts.
Speed warning and speed restriction: Simple but innovative tools that would warn a driver if they are traveling at unsafe speeds or could restrict a car’s speed to a pre-set limit.
Report card: The report card feature would allow parents to check their child’s driving statistics, including average speed, number of speed warnings and use of avoidance braking.

What to do if your teen is in an accident

Granted, even the most innovative technology cannot always prevent a crash. If your teenager is involved in an accident, here is what you can do:

Get them medical treatment immediately
Contact the police to have them file a report
Write down the name, contact information and insurance info of the other driver
Do NOT speak to any insurance companies; instead, consider your legal options

We wish you and your teenager safe driving for years to come.

The Important Role of Your Primary Care Physician After An Injury

Thu, 02 Dec 2021 17:59:52 GMT

Health insurance has made the process of seeking medical care much more complicated for many people, even if it does streamline the process of funding or paying for treatment. If you don’t currently have a health insurance plan or if you recently changed it, you may not currently have a primary care physician.

Your lack of a primary care physician could present some complications if you get hurt in a car accident or due to someone else’s negligence. Ideally, those requiring extensive care will already have a pre-existing relationship with a physician whom they trust and who is familiar with their medical history.

However, just because you don’t currently have a physician who manages your care doesn’t mean you can’t bring a successful personal injury claim and undergo medical treatments to resolve your issues.

What does a primary care physician do?

If you don’t understand the role of a primary care physician, you might not understand why they are important for those potentially needing ongoing medical care. A primary care physician provides guidance and education through annual physicals and routine checkups, which allow them to track the health of the patients that they see.

Your primary care physician also helps connect you with other services and health care providers, ranging from rehabilitation facilities and physical therapists to surgeons and cardiologists. Most health care insurance plans require a referral from a primary care physician in order to cover treatment with a specialist.

Beyond that, the primary care physician can review the medical care a patient gets from a variety of different specialists, coordinate with multiple other doctors and ensure that the treatment and plan for the patient reflect the best medical practices possible given the diagnosis or symptoms.

Following medical recommendations is an important part of an injury claim

When an individual brings a personal injury claim against another person or a company, the basis of the claim stems from the damage or harm caused by the actions or inaction of that person. Those filing such claims need to be able to establish to the courts that they have done everything in their power to mitigate or control the negative consequences they have experienced after an accident.

Properly following through with medical recommendations, whether your physician sent you to physical therapy or suggested a new medication, is an important part of bringing a successful personal injury claim. Failing to follow the instructions of a physician could provide a defense against the claim and result in the courts viewing you as partially or fully responsible for the severity of your injury and the symptoms you experienced.

Thankfully, for those who do not have a primary care physician, it is always possible to create that relationship after an injury. In the event that you do not agree with the recommendations of the physician managing your care, you do also have the right to request a second opinion.

How Can An Attorney Help You With Your Personal Injury Claim?

Fri, 26 Nov 2021 15:51:38 GMT

Recently on the blog, we discussed settlement negotiations and how to analyze your case to make a decision that’s right for you. This isn’t an easy thing to do. All too often, though, accident victims try to save money by dealing with these matters on their own. This can be a huge mistake that is enormously costly.

Why an attorney?

An attorney can help you navigate your personal injury claim in a lot of ways. They can not only help you gather evidence that is favorable to your case, including expert testimony, but also anticipates the defense’s arguments and develop strategies to refute them. This means utilizing the skills necessary to persuasively present evidence, attack credibility, and utilize the rules of evidence and trial to your advantage. This can bode well for you at both the negotiating table and in the courtroom.

Why clients choose us

To start, we truly care about our clients, meaning that we give them and their cases the personalized attention they deserve. Additionally, we have extensive experience handling personal injury cases. As a result, we know what works and what doesn’t in settlement negotiations and while litigating. We also know the true value of our clients’ cases, giving us the knowledge that is necessary to effectively advocate on their behalf. Our track record of success speaks volumes about our clients’ trust in us and our ability to zealously advocate for them.

Don’t choose your attorney lightly

At first glance, a lot of law firms look the same. But there can be vast differences between them. And your choice of attorney can make all the difference in your case. With that in mind, you should be sure to thoroughly research your options before picking an attorney who you think is right for you.

What Kinds of Issues Prompt Drug Recalls?

Wed, 24 Nov 2021 21:25:08 GMT

It can be frightening to learn that a medication that you or a loved one is taking has been recalled. Often, a manufacturer recalls a product at the request of the Food and Drug Administration (FDA). In 2018, according to the FDA, 126 drugs were recalled.

The reasons for recalls vary significantly. Sometimes, there’s an issue with the label or packaging. It may provide the wrong instructions or dosage information, which can be a dangerous error. In some cases, a medication is pulled off the shelves because a foreign substance has been detected in the container or the drug itself. Sometimes, a problem can be isolated to specific lots of a product, which are taken off the market.

These recalls are different from product withdrawals. Products are withdrawn from the market permanently if they’re determined to be more harmful than beneficial.

Sometimes, the FDA will allow a product to remain on the market, but with a “ black-box warning .” Those warn of serious and potentially fatal consequences if a product is not used as directed.

Recalls, product withdrawals and increased warnings often result from the continuing monitoring of drugs after they’ve been approved by the FDA and gone on the market. This is done by the pharmaceutical companies as well as the FDA. It’s aided by people who report a problem after they’ve had an unexpected negative reaction or discovered an issue with a drug or its packaging, label or instructions.

Federal government monitoring of drugs has improved since the mid-20th century. Back then, drugs were typically taken off the market only after widespread tragic consequences. Thalidomide — a sleeping pill that caused severe birth defects in babies born to mothers who used it — is probably the best-known example. Although the victims were primarily in Europe, that tragedy resulted in new drug safety laws in this country,

Now, drug safety regulations and company protocols are more proactive. They’re aimed at preventing potential dangers before a product goes to market and recalling products even if a problem has impacted only a small portion of the total supply.

Unfortunately, for the people who are harmed before a problem is discovered, a recall can come too late. If that happens, it’s essential to determine who can and should be held liable. An attorney with experience handling defective drug cases can help victims and their families seek justice and compensation.

How Your Attorney Can Make Life Easier After a Tragic Loss

Thu, 18 Nov 2021 15:56:43 GMT

After the unexpected loss of a loved one in a car crash, dealing with an attorney could feel like just one more task. In a daily workload that is likely overwhelming with demands ranging from planning a funeral to adjusting to a completely new budget, adding one more thing can seem like too much.

Trying to make sense of the law and your rights to compensation will be much more difficult than working with someone who already knows them. An attorney isn’t a burden after a loss. They are a resource who can do some of the more time-consuming tasks associated with protecting your family and asserting your rights under Louisiana law.

Your attorney knows how to handle claims and legal filings

Whether you need to submit paperwork for life insurance or document medical care for car insurance claims, learning to do that kind of paperwork is stressful. Personal injury attorneys already understand how to navigate the courts and handle the paperwork associated with a fatal accident.

You don’t have to worry about handling all that red tape because the lawyer will do it on your behalf. Instead of trying to focus on the tiny writing on the insurance claims form, you can focus on grieving while someone else handles the paperwork for you.

Your lawyer is going to push for the best possible outcome

When you feel emotionally overwhelmed, you may be more likely to give up than you would typically. Times of high stress, such as the loss of a loved one can alter our ability to continue fighting, which is also known as resilience.

If you have suffered a major loss, your resilience may not be at a point where you can bounce back from small problems. Many people tend to retreat socially and emotionally after a loss, which can mean failing to take adequate action on their own behalf. Your attorney is going to remind you of your rights and make sure that you make decisions based on what is best for your family in the long run, not just your emotional state at this moment.

Your lawyer can negotiate on your behalf

Negotiation is a complex skill . People can practice for weeks before they develop any kind of negotiating ability. You shouldn’t have to spend your time trying to master the art of persuasion while dealing with a loss as well.

Hiring a lawyer means that you have someone with the legal authority to negotiate on your behalf. An attorney with experience in Louisiana's wrongful death and personal injury lawyer will have an idea of what is reasonable. If an insurance company is trying to offer you a low settlement , your lawyer will know and have the ability to push back and protect you.

Thinking of an attorney as an advocate and legal protector is a great way to adjust your perspective and see the value in someone fighting for your family while you adjust to reality without someone you love.

How Do I Know If I Need A Personal Injury Lawyer?

Mon, 08 Nov 2021 15:31:23 GMT

Have you been hurt as the result of someone else’s negligence? Car wreck? Did you slip and fall? Did you get sicker from medication that was supposed to make you better? Did a routine surgical procedure turn into a nightmare? As a result, are you injured and suffering from pain? If you answered yes to these questions, it is likely that you need to seek legal counsel. Expenses and medical bills associated with accidents and the negligence of others can begin to add up quickly. Those who are often responsible for causing your injuries try to avoid paying for those expenses by prolonging the process. It is important to keep in mind that there are time limitations for filing a lawsuit. These time limits vary from state to state. In Louisiana, you typically have one year to file a lawsuit. If you do not file within one year, the party responsible for your injuries doesn’t have to pay you anything. An experienced personal injury attorney is familiar with these time limitations and will make certain that your claim is asserted in more than enough time to preserve your rights.

Additionally, while insurance companies may seem to have your best interests in mind more often than not they are only willing to pay the bare minimum to get your claims cleared from their desks. They may offer you a very small amount in an attempt to have your claim go away, knowing that you are entitled to much more. Experienced personal injury attorneys know what questions to ask and just what avenues to pursue in order to get you the just compensation you deserve. It is their job to ensure that all of their interests are protected. You may be unaware that you are entitled to much more than just your medical expenses. Those additional damages may be somewhat difficult to assign a monetary value. A personal injury attorney is very familiar with these damages and will fight hard to make sure you receive compensation for your time lost at work, your pain and suffering, loss of enjoyment of life, and even future medical expenses if they are necessary.

Experienced personal injury attorneys understand the toll an accident can have on your life. One day you wake up normal and the next day your life is in shambles. You shouldn’t be stuck worrying about the bills piling up. Obtaining legal counsel from an experienced personal injury attorney will help ease your worries. After an accident, seeking legal counsel is the best decision you can make!

Memory Care Residents Require Specialized Care

Tue, 02 Nov 2021 15:20:42 GMT

As some people age, they may have some issues with their memory. For some, including those who have dementia, memory care becomes necessary. Having a loved one go into a memory care facility means that you’re putting a lot of trust in the caregivers at the facility.

A memory care uni t is a highly specialized section of the facility that works closely to help people who have dementia-related conditions. They are set up with a structure and a routine that help to reduce the stress the individual feels. The programs include meals being cooked and other types of personal care assistance.

On top of all the normal assisted living duties, a memory care unit must be secure. People who have dementia are known for wandering. Because of this, memory care facilities will likely have doors with alarms and other security options for keeping the residents within the designated area. Still, this must be balanced with giving the residents some semblance of normalcy.

It’s imperative that these facilities have enough staff to properly care for the residents. Additionally, they need to ensure that the staff members are trained to handle the special considerations, such as increased frustrations, that come with memory care residents.

When memory care residents aren’t cared for properly , there’s a possibility that they might suffer harm. This isn’t ever acceptable. In some cases, it could constitute negligence. These instances might result in legal claims that help to offset the financial damages the resident might suffer. Working with an attorney who’s familiar with nursing home negligence cases is beneficial since they can help you to learn your rights and options.

What Problems Should You Look For at Your Loved One’s Group Home?

Mon, 25 Oct 2021 15:27:08 GMT

Group homes are communal living facilities that aim to provide adults with disabilities with living skills to take care of themselves more effectively. Residents in these homes may either have mental or physical impairments. Regulators expect individuals who operate these homes to make sure that they’re safe and comfortable. They assume that residents will receive the support they need to care for their basic needs. However, not all facilities or staff members don’t live up to those expectations.

Group homes must obtain a license to operate within their state borders legally. These residences must pass stringent operational guidelines and regulations and comply with state regulations. These facilities are subject to periodic inspections to ensure that they remain in compliance with all existing ordinances. A lawfully licensed group home should be able to provide proof of previous uneventful state inspections if you request such information. If they can’t, then this may be quite concerning.

An ideal group home should provide residents with a living environment that is both mentally and physically tranquil. Owners of group homes shouldn’t tolerate bullying, whether it comes from other residents or staff. They should be quick to stop it if it occurs.

You may want to consider visiting a group home on multiple occasions at both announced and unannounced times to see how the staff interacts with your loved one and how well kept the facilities are.

Group home employees should encourage residents to live as independently as possible, yet be trained to step in and provide support dependent upon a resident’s unique emotional, intellectual and physical needs. The staff at the group home should follow through to ensure that residents receive both routine and specialty medical care.

As for the facility itself, the group home should be well lit. Fire extinguishers, door alarms, and exits should all be easily accessible and marked. These facilities should have an evacuation plan in place to implement in case of an emergency.

It’s the responsibility of the group home’s ownership to make sure that they account for their residents’ needs. It should raise the alarm if it looks like the staff has neglected your loved one’s health and hygiene. You should consult with a medical malpractice attorney to learn about any potential legal remedies you can pursue under Louisiana law if your loved one has received substandard care at their Baton Rouge group home.

Don’t Assume Your Loved One’s Nursing Home Fall Was Accidental

Fri, 15 Oct 2021 18:19:53 GMT

If you have an elderly loved one that resides at an assisted living facility or nursing home, then you’re likely well aware of all the horror stories that surround these types of residences. It’s common for seniors to experience slips and falls at these facilities. While the events leading up to these incidents may seem innocent enough, they’re often not. Your loved one’s slip or fall may be a sign of a much bigger problem at their nursing home.

There are several reasons why residents fall while at nursing homes.

An individual who suffers from a health condition such as Alzheimer’s or Parkinson’s disease may experience a decline in cognitive or neurological functioning, and thus, their ability to walk. Psychotropic drugs can affect a person’s equilibrium or cause disorientation. Either one of these can result in a fall.

Elderly individuals often rely on a nursing home’s safety equipment such as handrails in bathrooms or in hallways to steady themselves and safely get around. Nursing home residents may slip and fall if none of these are present. These individuals may also suffer the same fate if the areas they congregate in are poorly lit, cluttered or have damaged flooring.

Inadequate staffing is another reason why seniors residing in assisted living facilities often suffer falls. Residents may attempt to get or do something themselves if the staff doesn’t seem attentive enough to help them.

When you hear that your elderly loved one had a fall, you may assume that they lost their balance or made a misstep. While that may indeed be the case, you may want to delve a bit deeper into why they felt the need to get up and handle it on their own in the first place. Delving a bit deeper is crucial if your loved one isn’t overly mobile or is a known fall risk.

Don’t thoroughly brush off your elderly loved one’s fall as an accident. Consult with an attorney about the situation instead.

Your Baton Rouge lawyer will want to know more about your family member’s health history and the events leading up to their accident to determine whether their incident resulted from negligence per Louisiana law. Your loved ones deserve to be treated well . Take the proactive step of holding those

A Baton Rouge Attorney Explains the Risk of Subconscious Driving

Wed, 06 Oct 2021 18:22:19 GMT

How habit and routine can lead to danger

Researchers call this subconscious driving . And it can absolutely lead to car accidents. One problem is that drivers may not adjust to the real-world conditions around them. It gets foggy, for instance, and they just keep the cruise control on because that’s what they always do. The roads get wet and they don’t slow down, driving just as they would on dry roads and risking losing control.

There’s also the chance that it can turn into distracted driving as a person’s mind wanders. They may start thinking about the workday ahead, their plans for the weekend, or the conversations they need to have with friends or family members. When these thoughts take over, reaction times drop significantly.

Have you been injured?

If a driver who was essentially on mental autopilot runs into your car and injures you, be sure you know how to seek financial compensation .

Tort Reform Bill Takes Aim at Car Accident Lawsuits

Thu, 30 Sep 2021 18:31:19 GMT

A sweeping tort reform bill has significant implications for car accident victims in Louisiana.

The bill is intended to reduce the number of frivolous claims and limit the amount of damages a plaintiff can recover.

More specifically, the bill will make jury trials more common, limit a judge’s ability to grant damages for medical expenses, and allow for the introduction of new kinds of evidence during trial. These changes all favor defendants.

Clay Schexnayder sponsored the legislation which was backed state republicans. The bill also found considerable support in Louisiana’s business community. Supporters of the bill argue it will even the playing field and reduce costs for insurance companies and businesses. In this regard, they see the bill as a practical way to improve business retention in Louisiana, a problem the state has struggled with for decades.

Furthermore, proponents claim it will reduce insurance costs in a state with some of the highest rates in the nation. The bills detractors, mostly state democrats, are less keen. They see it as creating opportunities for powerful businesses to trample on victim’s rights. They are quick to point to the fact that many victims already struggle to vindicate their rights in a court of law, and this will only exacerbate the problem.

Protecting the rights of victims

Being injured in a serious car accident can change your life. The things you once took for granted may now seem out of reach.

After all, many victims are left with not only serious physical and psychological damage, but also medical debt and job loss.

Hiring an experienced personal injury lawyer is the best way to ensure your rights are protected. Of course, they understand the law and how the legal system operates. But they also appreciate the uncertainty of the moment and what you, as a victim, might be experiencing.

After meeting with a lawyer, they can begin evaluating your case and provide you with options for how to move forward.

A Baton Rouge Attorney Explains Driving Phobias After A Traumatic Experience

Fri, 24 Sep 2021 18:36:03 GMT

Do you feel too nervous to drive? Do you make excuses to avoid driving your car? Did you put off getting your license because you did not really want it?

For instance, one woman was always afraid to drive and did not know why. She went to therapy. Eventually, she remembered something that had stayed buried for years. Her mother had been trying to drive a car when she nearly killed a man. As a child, she remembered sitting in the car as the man yelled at her mother about how he had almost died.

That woman had not been responsible in any way, since she was a child at the time, but the event with her mother had a drastic impact on her life.

A Baton Rouge Attorney Explains The Basics of Vicarious Liability and Car Accidents

Mon, 06 Sep 2021 19:00:54 GMT

Respondeat superior

Vicarious liability and employers

Defenses to claims of vicarious liability

What is a Good Following Distance in a Car?

Tue, 31 Aug 2021 18:57:04 GMT

A minimum of three seconds

Generally speaking, driving instructors tell students that the absolute minimum distance they should keep between their car and the next is three seconds. You can simply pick an object on the side of the road, like a speed limit sign, and then wait for the front car to pass it. When they do, count off seconds until you pass it. Doing this periodically can help you get a sense of what three seconds looks like so that you won’t have to do it every time.

Keep in mind that the three-second distance changes with speed. It’s not the same on a city street as it is on the interstate. Plus, you may want to add even more distance, depending on the conditions. For instance, if it’s snowing or raining and the road is wet, you need more space to stop. If it’s foggy out, you need more distance to react. Always adjust accordingly.

What if you get hit?

What are Common Reasons why Medications End Up Getting Recalled?

Mon, 16 Aug 2021 20:24:33 GMT

Most medications undergo rigorous testing before they’re released on the market here in the United States. Government oversight over these prescription drugs doesn’t end once they’re made available to the public though. The U.S. Food and Drug Administration (FDA) continues to monitor medications for potential problems. They keep a log of any reports that are made to them. The FDA may recall a drug if they fear that it may pose a safety hazard.

Both prescription and over-the-counter drugs can be recalled. Recalls may happen for various reasons.

One of the more common reasons why drug recalls occur is because it poses some type of health hazard. While many of these medications are tested before being made widely available, the control groups that they’re given to are fairly small. Many of these small-scale studies don’t reveal the full set of risks associated with a drug. It’s only once it’s prescribed to a larger sample of patients that manufacturers and regulators understand more about the adverse side effects associated with patients taking a certain medication.

Another common reason why drugs get recalled is due to contamination. Medications can be contaminated by either nonharmful or harmful substances during the manufacturing or distribution process. This could expose patients to other illnesses or make their medication not work as intended.

It’s not unheard of for medications to be recalled due to improper labeling or packaging either. A pill may be labeled with the wrong markings. The dosage instructions written on the packaging may be confusing or inaccurate. The package that the medication comes may not be child-resistant and puts them at a risk for injury or death. Different over-the-counter and prescription drugs have been recalled for these exact reasons in recent years.

Many drug manufacturers continue to perform clinical research and testing on their medications after introducing them to the market. This often results in manufacturers voluntarily recalling their drugs. Many recalls happen after the FDA receives alarming reports about side effects that patients have suffered from taking medication though.

A Baton Rouge Attorney Explains: Vicarious Liability in Louisiana

Mon, 16 Aug 2021 18:58:58 GMT

Vicarious liability when a car is loaned

If you are the owner of a vehicle and you allowed your friend, acquaintance, or family member to borrow your car, you have certain responsibilities. If you, for example, loan your car to a person whom you believe to be intoxicated, or you have a reason to believe that they will be irresponsible, you are likely being negligent. If they become involved in a car accident, you may be charged with negligent entrustment .

Vicarious liability when a person is employed to drive a vehicle

In addition to these common instances, manufacturers may also be held liable if a vehicle crashed because of a defect. If you are unsure about whether vicarious liability laws will apply to your car accident case in the state of Louisiana, it is a good idea to conduct further research.

A Baton Rouge Attorney Explains the Long-Term Effects of Traumatic Brain Injuries

Fri, 30 Jul 2021 18:45:46 GMT

If a person suffers a moderate or severe traumatic brain injury, there’s a good chance that his or her life will change forever.

Not only does this have an impact in the here and now, but the injury can linger for years to come.

However, here’s one thing you need to remember: There is no typical response to a traumatic brain injury. Even if two people appear to have had the exact same injury, the long-term impact will not be exactly the same.

Some of the factors that impact a person include:

— Severity of the initial injury

— The rate at which physiological healing takes place

— The functions that are initially affected

— The resources available to help the person recover

Although it’s easy to believe that a traumatic brain injury will impact every function of an individual, this is not always the case. For instance, someone’s long-term memory may remain intact, despite the fact that they now suffer from serious mood swings.

Due to the fact that a traumatic brain injury can cause serious long-term problems, it’s important for anyone in this position to receive ongoing medical treatment.

At our law firm, we know that an accident can cause long-lasting damage. For this reason, we urge accident victims to learn more about their legal rights while focusing one eye on the future.

By receiving compensation for a traumatic brain inju ry , the victim will have the resources he or she needs to receive the best medical attention and care available in the years to come.

A Baton Rouge Attorney Explains the Symptoms of a Traumatic Brain Injury

Wed, 07 Jul 2021 18:47:22 GMT

A fall, a car crash, or a sports injury can happen to just about anyone in Louisiana, causing them to suffer a traumatic brain injury. A moderate to severe traumatic brain injury is a serious injury that can affect a person physically and cognitively. The following is an overview of the symptoms of a TBI .

Physical Symptoms of a Severe TBI

A severe TBI can affect a person in a number of ways. A person with a severe TBI may lose consciousness or may be unable to wake up if they are asleep. They have an increasingly worsening headache. They may feel nauseous or vomit. They may experience convulsions or seizures. One or more of their pupils may be dilated. They may have a clear fluid draining from their nose or ears. Their extremities may be weak or numb, and they may become uncoordinated.

Cognitive Symptoms of a Severe TBI

A severe TBI can also affect a person cognitively. A person with a severe TBI may be extremely confused. They may be agitated or combative. They may slur their speech. They may even fall into a coma.

TBIs are Serious Injuries

As this shows, a severe TBI can have a significant impact on a person’s health and well-being. TBIs may not manifest themselves immediately, so if you suffer a blow to the head it is important to seek medical attention. If your TBI was caused by someone else’s negligence, you may also want to determine what steps to take to pursue compensation for your damages. Depending on the circumstances, you may want to pursue compensation for medical expenses, pain and suffering, and lost wages. Our webpage on traumatic brain injuries may be a useful resource.

A Baton Rouge Attorney Explains the Glasgow Come Scale

Thu, 01 Jul 2021 18:41:08 GMT

While many people are familiar with the Glasgow Coma Scale (GCS), most don’t have a detailed understanding of how it works.

In short, this is a scoring system used to detail the level of consciousness in a person after suffering a traumatic brain injury . Along with this, it’s often used by medical professionals to determine the severity of a brain injury.

There are many benefits of the Glasgow Coma Scale, including the fact that it is both reliable and simple to conduct. Furthermore, it goes a long way in helping people understand the outcome following this type of injury.

The Glasgow Coma Scale measures the following functions:

— Eye-opening

— Verbal response

— Motor response

Eye-opening, for example, is judged in one of four ways:

— 1: none

— 2: to pain

— 3: to voice

— 4: spontaneous

A doctor will use this scale to record the response that the patient makes. In the end, they’re left with a number that helps classify the injury:

— Severe: Glasgow Coma Scale score of 3 to 8

— Moderate: Glasgow Coma Scale score of 9 to 12

— Mild: Glasgow Coma Scale score of 13 to 15

As you can see, the lower the score the more severe the injury.

If a loved one is injured in an accident, you’ll want to speak with their medical team about his or her Glasgow Coma Scale. This will give you a better idea of the person’s current condition.

Also, don’t hesitate to learn more about the accident, as you may be able to receive compensation that can help pay for medical bills and other damages.

Source: Brainline.org, “ What Is the Glasgow Coma Scale ? ,” accessed March 14, 2017

How is Tardive Dyskinesia Diagnosed?

Fri, 07 May 2021 20:24:24 GMT

Taking certain medications in Louisiana to treat digestive conditions and/or psychosis could put you at risk of developing a disorder of the nervous system called tardive dyskinesia. This condition causes uncontrolled, repetitive movements. Effective treatment of tardive dyskinesia requires swift diagnosis. However, according to the Mayo Clinic, diagnosis of tardive dyskinesia involves assessing the timing of your symptoms relative to your use of the medication and ruling out other conditions that could produce similar symptoms.

Other conditions can cause neurological dysfunction that can produce similar symptoms to tardive dyskinesia. These include head injury, HIV and syphilis. Illicit substance abuse can also cause neurological dysfunction, as can multiple sclerosis and other autoimmune disorders. Schizophrenia can result in mannerisms that resemble symptoms of tardive dyskinesia, and there are other movement disorders unrelated to medication use that produce similar signs, such as Tourette’s syndrome or Huntington’s disease.

To further confuse the matter, there are other drug-induced medication disorders that can also produce similar symptoms to tardive dyskinesia. The distinguishing characteristic of tardive dyskinesia is that there is usually a delay between the time that you start taking the medication and the time that symptoms start showing up. Symptoms could manifest a month or two after stopping the medication. You could also start showing symptoms after taking the medication for about a month, sometimes less.

The process of determining which of two or more possible conditions could be causing symptoms is called differential diagnosis. Because tardive dyskinesia has no specific test or screening available, it is necessary for your doctor to make a differential diagnosis to confirm the cause of your symptoms.

The information in this article is not intended as legal advice but provided for educational purposes only.

What Type of Packaging Errors Result in Drug Recalls?

Wed, 24 Feb 2021 21:25:11 GMT

When many individuals hear about drug recalls, they immediately default to the thought of potential contamination, the discovery of new side effects or some actual problem with the prescription or over-the-counter medication itself. People seldom think about how the design or marketing of a product may lead to a recall. There are many instances in which drug manufacturers or federal officials recall these products due to ineffective packaging.

Data analyzed by researchers at ExpertBriefings.com captures how at least one-half of all drug recalls may be attributable to packaging artwork or labeling errors .

United States Food and Drug Administration (FDA) has guidelines that drug manufacturers must follow when packaging and labeling their products.

The federal agency requires the content on product labeling to be clear enough that a layperson can understand what it says. It must be easily readable and along an easily visible section of the packaging. Drug manufacturers must also be deliberate as to how they label and number their different products. The FDA has a requirement, for example, that any given package’s label has to be easily discernable from any other one. Any product codes listed on the labels must also be different enough that they’re not easily confused.

The FDA also has specific requirements in place for blister packs. They must feature both the trade and generic name for the drug, the strength of the medication, a bar code, the manufacturer’s name and its expiration date.

Some of the more common packaging errors that occur happen because manufacturers or regulators notice a problem with the package’s barcode or improper use of a symbol or punctuation. If the FDA asks a manufacturer to change the artwork on the packaging and they fail to do so, then this may also result in a recall.

Federal officials and drug manufacturers often recall drugs after multiple patients suffer severe adverse reactions after taking it. Incorrect dosage instructions, side effect warnings and poorly written descriptions are some of many packaging problems that can result in a medication’s removal from the market.

Many drug manufacturers may be able to remedy a packaging error and quickly get their medication back on the market. Someone can easily suffer adverse consequences before this happens, though. An attorney can advise you of your right to recover compensation if your health deteriorated after taking a poorly-labeled medication here in Baton Rouge or anywhere else in Louisiana.

What are the Symptoms of Tardive Dyskinesia?

Mon, 08 Feb 2021 21:25:01 GMT

A number of medications that you may be taking in Louisiana may produce a side effect of drug-induced movement disorders. One of these is tardive dyskinesia. It is different from similar conditions in that most other drug-induced movement disorders manifest quickly and resolve themselves once you stop taking the medication. Tardive dyskinesia is different because the symptoms do not always show up right away. In fact, they may not occur until after you stop taking the medication. That is where the term “tardive” comes from; it derives from a Latin word meaning late or delayed.

According to WebMD, tardive dyskinesia results in uncontrollable movements of the skeletal muscles. The movements may be either slow or fast, but they are stiff and jerky in nature. TD can affect different areas of the body. Dyskinesia of the limbs is one possible sign of TD. It can cause involuntary swaying from side to side, tapping of the feet, wiggling of the fingers or flapping of the arms.

However, tardive dyskinesia is more closely associated with symptoms of the face, phenomena known collectively as orofacial dyskinesia. You may find yourself making chewing motions when your mouth is empty, puffing out your cheeks, rapidly blinking your eyes, puckering or smacking your lips or sticking out your tongue, all involuntarily.

Tardive dyskinesia results from a class of drugs that block a body chemical called dopamine. They include medications that treat problems of the digestive tract and also some antipsychotic medications. If you suspect tardive dyskinesia, it is important to see your doctor promptly.

The information in this article is not intended as legal advice but provided for educational purposes only.

Defective Drugs can Lead to Manufacturers Being Sued

Fri, 08 Jan 2021 21:25:13 GMT

Can You Sue a Manufacturer for a Drug Addiction?

Tue, 13 Oct 2020 20:25:04 GMT

Being addicted, overdosing or even dying from drug abuse isn’t necessarily your fault. The pharmaceutical industry is a multibillion-dollar business. Both doctors and drug manufacturers are all about making money in one form or another from selling consumers prescription drugs.

Sometimes, drug manufacturers can be held legally liable for a person becoming chemically dependent on their products. A plaintiff who suffered damages may be able to bring a product liability lawsuit against a drug manufacturer who introduced a dangerous or defective drug to the market.

There are several instances in which a plaintiff may hold a drug manufacturer liable for damages.

A drug may be defective in its design. It may pose an unreasonable risk to consumers because of the way a manufacturer produces it. If the pharmaceutical company purposely ignores the risks associated with the drug, then foreseeable harm may occur. Plaintiffs are seldom successful in winning such lawsuits because defendants are often able to show that the drug has some safe uses.

The manufacturing of the drug may be defective. A production mistake, such as introducing a contaminant when formulating the drug, may make it dangerous to consumers.

A plaintiff may also sue a drug manufacturer if they can prove that they failed to warn consumers of all the known potential risks. Plaintiffs that have experienced addiction, overdose and other adverse side effects as a result of taking opioids and other prescription painkillers have filed lawsuits accusing drug manufacturers of failing to disclose a drug’s side effects including their potentially addictive properties.

You may think that drug manufacturers wouldn’t be allowed to introduce a drug on the market if it had the potential to be contaminated, injuring you or becoming addicted to it. Drug manufacturers introduce both over-the-counter and prescription medications that pose a whole host of dangers on the market every day, though.

Fortunately, there are legal remedies that you can pursue here in Louisiana when unfortunate events like this occur. An attorney can advise your options for recovering damages in your Baton Rouge case if you’ve suffered losses.

Issues Exist With Drug Recalls

Tue, 14 Jul 2020 20:25:19 GMT

When you are prescribed medications or opt to use over-the-counter drugs, you expect that they are safe for consumption. Unfortunately, drug recalls are commonplace these days. While many drug recalls are for reasons that wouldn’t lead to actual consumer harm, there are others that can quickly turn deadly. It is imperative that anyone who takes medications of any sort keeps an eye out for recalls of the products they take.

There are many things that can make it difficult to keep track of what recalls impact you. Some more common medications, such as ibuprofen or acetaminophen, are manufactured by many companies. Recalls will usually only impact one manufacturer, so you’d have to know which company made the medication in order to know if you are affected by the recall.

Another issue that sometimes comes up is that recalls might come out after you’ve already consumed the drug. This can put you at risk of suffering from the impacts related to the recall. When this happens, you might require additional medical care that you wouldn’t have needed otherwise.

Finally, not all drug recalls are announced to the public, and many aren’t covered on FDA.gov. This makes it difficult for many people to find out whether they have medications that are recalled. In this case, directly contacting the manufacturer is one of the only ways to find out about the recall. Sometimes, pharmacies and other health care professionals might have information about recalls that aren’t public knowledge.

You might have the option of seeking compensation for the damages you suffer in a drug recall. This can help you to cover expenses for medical care and related costs.

COVID-19 and Widespread Denials of Business Interruption Coverage

Thu, 09 Jul 2020 20:23:46 GMT