At first glance, “tort” may sound like a strange word, but it is an essential term to understand in the legal space. In the legal realm, a “tort” refers to any wrong or injury imposed by one person or entity onto another. A tort is classified as a civil wrong…
Louisiana’s medical malpractice damage cap, set at $500,000.00 in 1975, could see a significant change in the scope of its application thanks to several lawsuits set to be argued before the Louisiana Supreme Court. In 1975, the Louisiana Medical Malpractice Act set a $500,000.00 statutory maximum for any amount recoverable…
A veteran of both the New Orleans Police Department and the Vietnam War is suing 3M Co. due to an alleged defect in its Bair Hugger Blanket Device that lead to the amputation of his leg. Lee Edward Peyton filed suit in the U.S. District Court for the Eastern District…
Judith Hayes, a Gretna woman, has filed a lawsuit against Rite Aid, claiming the pharmacy gave her the wrong medication, which caused her collapse in her home and injure her head. On May 26, 2014, Hayes alleges that she visited the Rite Aid located at 4535 Westbank Expressway in Marrero…
When an individual suffers an injury at the hands of another, it can be a devastating experience to both the individual and his or her family. It can impose unforeseen medical costs, result in an inability to work, create a dire financial hardship, or otherwise create a very difficult experience…
Picture this unlikely scenario: An intoxicated motorist is driving his vehicle at speeds well in excess of the speed limit (let’s say, he’s traveling at 100 mph in a 35 mph zone). As the unsafe motorist approaches a downtown intersection, a jay-walking pedestrian begins to cross the street when it…
The Louisiana Second Circuit Court of Appeals clarified the standard of care to be used in medical malpractice cases involving hospitals and their employees. In Crockham v. Thompson, the Second Circuit ruled that hospitals should be held to a national standard of care in actions for medical malpractice. The Second…