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New Orleans Personal Injury Law Blog

The basics of a medical malpractice claim

When you go to the doctor, you assume that you will receive quality care and the right diagnosis for the problem you are experiencing. You assume that your doctor or care provider will match you with an effective treatment plan or put you on a medication that will treat your medical issue. You place a lot of faith in Louisiana medical professionals, and it can be devastating when they fail you in some way.

 

Medical malpractice case has favorable verdict for mother

Most expectant mothers anticipate the births of their children to be difficult but beautiful experiences. No mother wants something to go wrong during labor and delivery that could result in serious injuries to her unborn child. Unfortunately, negligence and other medical malpractice errors can lead to such difficult outcomes.

Louisiana readers may be interested in a medical malpractice case that recently came to an end. The situation began in 2014 when a mother went into labor. While at the hospital, the woman had concerns because she could not feel the baby moving. She expressed her concerns, but the lawsuit claims that staff at the hospital ignored those concerns. As a result, the child did not move for approximately six hours during labor.

Mesothelioma is a life-changing condition

When a person begins to feel unwell, he or she may ignore symptoms for a while or brush them off before finally deciding to see a doctor. In some cases, the diagnosis may be something relatively minor, and in others, a person could find out that he or she has a serious condition like pleural mesothelioma. Such news can be life altering.

It is possible for Louisiana residents to have faced exposure to asbestos or other mesothelioma-causing substances without even realizing it, such as while working or while living in an older building. This type of condition typically shows up years after exposure and can show various signs and symptoms. Some symptoms of pleural mesothelioma include difficulty swallowing, aching pain near the ribs, persistent cough, lower back pain, shortness of breath and others.

The attractive nuisance doctrine

Like all parents in New Orleans, you likely feel at least a tiny bit of trepidation every time your kids walk out the door. You hope that they exercise good judgment and avoid placing themselves in potentially dangerous situations, yet you also understand that some of what they encounter while out at play may be too enticing for their inquisitive minds to ignore. Many parents have come to us here at Didriksen Saucier & Woods PLC after their kids have been involved in accidents involving attractive features wondering why nothing was done to protect their children from them. If this describes the situation you find yourself in, you might also question what sort of legal recourse may be available to you.

It is understood that children (young children in particular) often lack the comprehension needed to understand the dangers the something like a swimming pool, a construction site or an abandoned building pose. Thus, a legal principle exists that places the responsibility on property owners to protect your kids from such attractions. According to the Cornell Law School, the attractive nuisance doctrine allows a property owner to be held liable if an artificial condition or object appears that is found on their land injures your child. This is true even if your child is on the property without the owner’s permission.

Who pays for mesothelioma damages?

In a more perfect world, companies would probably seek you out and compensate you directly if you were suffering from mesothelioma due to their negligent actions. Here in the real world in Louisiana, unfortunately, you would probably need to file a claim in order to have even a chance to receive compensation.

As for the question of who pays for mesothelioma treatment, the trial awards tend to come from large companies or financial entities established by those companies — trusts, for example. The same entities are typically responsible for paying settlements and damages for wrongful death suits surrounding mesothelioma.

What you always wanted to know about truck crashes

You are probably aware that in the event of a collision between an 18-wheeler and a passenger car, the truck almost always wins. However, it may surprise you to learn where such crashes often occur.

No one wants to be in an accident with a big rig. Therefore, the more familiar you are with truck-car crash information, the more prepared you are to avoid a potential disaster.

Brake failure a frequent cause of commercial truck crashes

When it comes to the truck driving profession, experience and training go a long way, and when truckers take to Louisiana’s roadways without having sufficient training or experience, they threaten their own safety as well as that of everyone else traveling the roadway. At Didriksen, Saucier & Woods, we recognize that, while brake failure issues can arise because of system malfunctions, many truck crashes that result from brake failure issues also occur because truckers lack the knowledge necessary to effectively avoid them.

According to Transport Topics, a common problem among less-experienced truck drivers is that they are prone to over-relying on their truck’s air brake systems when traveling downhill, which can lead to brake system failures. When a semi-truck driver “rides” the brakes for extended lengths of time, which is a much more common behavior among younger, less-experienced truck drivers than older, more seasoned ones, the brake system can wind up overheating. When the system overheats, it can potentially catch fire, which can compromise its functionality and, ultimately, cause a truck wreck.

The link between firefighting and mesothelioma

When you earn your living working as a Louisiana firefighter, you face some of the world’s toughest working conditions, and while some of the risks you face are directly related to fighting fires, others arise because of the conditions of your work environment. At Didriksen, Saucier & Woods, PLC, we recognize that today’s firefighters face an elevated risk of experiencing work-related cancer, and we have assisted many firefighters and family members who experienced hardships because of on-the-job exposure pursue appropriate recourse.

According to FireRescue1, today’s firefighters are 14% more likely to die from work-related cancer than members of the general population, and 70% of career firefighter line-of-duty deaths also result from cancer. Mesothelioma, which is a particular form of cancer linked to exposure to asbestos, is of particular concern among firefighters, and it is an especially aggressive and deadly form of the disease.

Human error in surgical mistakes

There can be many reasons that a person in Louisiana may need to have an operation. Whether a minor surgery that can be performed in a clinic or a major surgery that requires a hospital stay during the post-surgical recovery period, there is always the risk that an error may occur. Some errors can be minor but others can result in serious harm to patients, up to and including death. It is understandable, given that fact, that many people are weary about undergoing a procedure.

Becker's Hospital Review recently reported on the results of a medical study that reviewed many surgeries to try and identify the root causes of any errors that might have occurred. The researchers reviewed data from three medical teaching hospitals over the course of six months. The study identified 188 errors classified as adverse events. Out of those errors, human error was said to be a factor in 56% of the cases. A total of 106 patients were negatively impacted by the medical staff involved in their operations.

What is malignant mesothelioma?

Many people in Louisiana have read about mesothelioma or heard television commercials mentioning this disease. You know that it is often linked to those who have had careers working with asbestos products, such as plumbers, electricians, shipyard workers, insulators or pipefitters. While you may have a general idea, you may be wondering to yourself, what is malignant mesothelioma?

According to the Mayo Clinic, malignant mesothelioma is a type of cancer that begins in the mesothelium, or thin layer of tissue that surrounds most of the internal organs in your body. There are different types of malignant mesotheliomas depending upon what part of your body is affected. Peritoneal mesothelioma is located in the tissue in your abdomen, whereas pleural mesothelioma occurs in the tissue surrounding your lungs. While these are the most common types of this disease, there are also the rarer forms of pericardial mesothelioma, which targets the tissue around the heart, and mesothelioma of tunica vaginalis, which involves tissue around the testicles. 

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