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New Orleans Personal Injury Law Blog

Wrongful death claim possible after fatal medical mistake

Hospitalizations and in-patient surgeries can be overwhelmingly scary for patients and their family members. Individuals who suffer from ailments must spend time away from their loved ones to undergo treatments and procedures that are intended to make them well. However, not all New Orleans residents who must stay in hospitals get better. Unfortunately, some hospital patients die while under their medical personnel's care, but not all pass on due to complications from their underlying illnesses.

In some cases, hospital patients die because of fatal medical mistakes. There are many ways that doctors, nurses and other hospital staff members can commit deadly errors, but this post will focus on three primary ways patients are fatally impacted by their caregivers: through mistakes in their diagnoses, mistakes in their surgeries and mistakes in the administration of their medications.

How is liability determined in a multi-vehicle crash?

Many Louisiana car accidents happen when drivers are distracted and fail to yield or stop in time before colliding with other automobiles on the road. It is not uncommon for a two vehicle accident to become a three or more vehicle accident when cars, trucks, and vans are driving fast or too close together.

Multi-vehicle accidents present their own challenges when it comes to determining who is responsible for the losses victims sustained in the incident. With three or more drivers involved in a crash it may be difficult to say that only one of them is fully responsible for all of the harm the crash caused. As such, Louisiana has adopted a comparative negligence statute that spreads the liability of accidents to all parties whose negligence led to the vehicle collision.

Filing legal claims under the Jones Act

When a worker is hurt while performing work-related tasks, there are a number of laws that may help them request financial support during the time they are unable to do their jobs. However, not all of the laws that protect and support New Orleans workers apply to those individuals whose jobs take them out onto open water. If a worker is a merchant marine, then his work-related injury claims may be covered by the Jones Act.

Officially called the Merchant Marine Act of 1920, the Jones Act covers individuals whose jobs keep them on international vessels tasked with bringing goods to or from foreign nations to the United States. A worker must spend at least 30 percent of his worktime onboard a vessel is importing or exporting goods to the United States. The worker may also serve in any managerial capacity aboard the ship. Workers whose job responsibilities involve in the water-based import or export of goods, but who do not spend at least 30 percent of their worktime on vessels, may quality for compensation under longshoreman laws.

Dangerous products can be on the shelves of supermarkets

Though differences in lifestyle will dictate what individuals prefer, all people have the same basic requirements to survive: food, shelter and access to basic services. When it comes to food though, a New Orleans resident may choose from a variety of products, both fresh and processed, that can serve their physiological needs, as well as satisfy their discriminating palettes.

Although most of the products on grocery store and supermarket shelves have passed rigorous quality control testing and meet rigid safety standards for consumer protection, some dangerous products slip through the cracks. Particularly, products that are generally safe may leave their factories containing dangerous bacteria or other pathogens that may cause consumers to become sick.

Negligent truck driver causes fatal car accident

Obeying traffic signals is an important part of safely operating one's vehicle on Louisiana roads. Whether a person is driving a personal car or a work vehicle it is important that they follow the rules of the road to keep themselves safe and give other drivers information about what they are going to do. When individuals fail to drive in accordance with the legal mandates of the state then dangerous and sometimes deadly accidents can occur.

Recently a woman lost her life in Praireville when her vehicle was hit by a negligent driver. The woman entered an intersection with a green light and prepared to make a left-hand turn when her vehicle was hit by a Mack truck. The truck failed to stop at a red light at the intersection and plowed directly into the woman's vehicle. As a result of the impact the truck pushed the victim's vehicle into three more vehicles that were stopped at the intersection, causing injuries to the drivers of those cars as well.

Our firm is available to help after a car accident

Accidents occur despite the best intentions of the parties involved. For example, many collisions happen when drivers are unable to give their full attention to the road and. Accidents on New Orleans roads are unfortunately common, but the victims of these occurrences do not simply have to accept them as chance happenings and endure the costs they bear without question.

A significant number of accidents happen because the responsible drivers are distracted from the important task of driving safely. There are a number of distractions that may affect a driver's attention, including cell phone use, conversations with passengers, eating, drinking, personal grooming, and others. When these distractions lead a driver to cause an accident, that individual may be held liable for their negligence.

Who can a victim sue after a truck accident?

This New Orleans personal injury legal blog has dedicated several posts to the dangers of truck driver fatigue; poorly maintained trucks, poorly trained drivers, and other causes of accidents involving large trucks.

When a truck accident happens, it can be confusing for a victim to know exactly which parties they may include in their litigation to pursue their accident-related losses. Is only the driver responsible? Do the owners of the truck or the entity that paid for the truck to be on the road have any truck company liability? Lawyers who work in this area of law can provide their clients with case-specific guidance to help them claim the compensation they are owed from their losses.

Suspected drunk driver injures Mardi Gras partygoers

A suspected drunk driver in a pickup truck plowed through a group of people attending a Mardi Gras parade in New Orleans, leaving 28 people injured. The victims ranged from small children to adults enjoying the Mardi Gras festivities. Thankfully, it does not appear that any of the injuries will be fatal, although the exact nature of the injuries is unknown at this time. At least three victims had to stay in the hospital, though, and, initially, several hospitals received victims. One victim was a police officer.

After hitting the crowd, the pickup truck then cashed in to another vehicle. The driver was removed from his truck and immediately arrested. He will face multiple criminal charges. According to police, his blood alcohol content was .232 percent, which is well above the legal alcohol limit in Louisiana. His bond has been set at $125,000, and at this time he is being represented by the public defender's office.

The Constitution and admiralty and maritime law

As many residents of New Orleans probably know, admiralty and maritime law refers to the statutes and legal doctrines covering ships and conduct on the ocean, including both coastal waters belonging to the United States and the high seas, also called "international waters." What some might not know is that the Founders of the United States contemplated that the federal government would be involved in admiralty law and maritime law decisions, as the Constitution itself specifically mentions that federal courts have the power to hear cases involving legal questions stemming from conduct on the ocean.

Other provisions of the Constitution give the federal government authority over admiralty and maritime law. For instance, the Constitution's commerce clause allows Congress to pass laws regulating trade that, presumably, would entail shipping and passenger transport over the ocean. Moreover, even at the time the Constitution was adopted, there was already an established tradition of admiralty law which the United States had borrowed from Great Britain and other sources.

School bus accident leaves several children injured

An accident in Greensburg, a small town in Louisiana less than two hours from New Orleans, ended with a school bus being turned onto its side. There were 38 children on the bus at the time of the accident, and 11 of those children reportedly suffered injuries, some of which authorities described as "moderate." Thankfully, there were no fatalities.

According to reports, the school bus driver was trying to make a left turn at an intersection in which the driver was permitted to do so. In the process of the turn, someone driving a pickup truck behind the bus decided to use the left lane to pass several vehicles. The driver trying to pass apparently either did not notice or did not have time to yield to the school bus and hit it, forcing the bus onto its side. The driver of the pickup truck has been cited for illegally passing and also for carelessly operating the vehicle. The exact nature of the children's injuries and their prospects for a full recovery are not available.