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Lafayette Personal Injury Law Blog

We hold medical professionals to the standards they owe you

No one likes to admit that they are wrong, especially if the mistake has serious consequences. A doctor's mistake or a surgical error is one of those instances where the repercussions can be life altering, not only for the medical professional but also for the patient and their family members. The blog post last week discussing the standard of care owed to patients might make it seem like medical professionals are held to a higher standard, but this is only because the stakes are so high.

Pursuing a medical malpractice case is often complicated. Not only is no one admitting fault, it is also difficult to get the evidence necessary to prove someone was negligent and made a mistake. Additionally, people often hesitate from filing a claim because, on the one hand, their medical professional may have fixed one medical problem, even though they may have caused another one. It leaves an already distraught Louisiana resident overwhelmed and in serious need of help.

What is the standard of care medical professionals owe patients?

When a Louisiana resident's medical condition worsens at the hands of the doctor or medical professional they approached to receive treatment in the first instance, they may be considering filing a medical malpractice suit against the negligent doctor. One of the terms that they may find themselves coming face to face with again and again might be 'standard of care'. It is important to understand what this means and how this is relevant to a plaintiff's case.

A doctor owes a standard of care to their patients. This standard of care is the level of skill, care and skill possessed and practiced by physicians who are in a similar or in the same community and in similar circumstances. Applying this standard helps determine if someone acted in a manner consistent with the medical community's expectations. Therefore, if a medical professional did not act in the manner that was expected from them, they may be found liable for the injuries they have caused by non-adherence.

Truck accidents and employer liability

The truck driver who is driving the vehicle that may have caused a Louisiana resident's injuries in a truck accident is not behind the wheel only to further his or her own interests. They are usually driving the truck for their employer, which is why the employer may also be held liable for serious injuries resulting from the accident through the doctrine of respondent superior or vicarious liability.

Employers are generally seen as directing the behavior of their employee, which is why they are entitled to the reward of their employer's labor. By the same token, they are also legally liable if their employee's behavior during the course of their employment results in harm.

3 common distractions that can affect driving

Distractions can affect anyone at any time of the day. You may find yourself sitting at your desk at work trying to concentrate on a project only to realize that you have been thinking about something else for several minutes. While this type of scenario may not seem particularly distressing, distraction can prove much more dangerous if it happens while driving.

You likely already know that cell phones cause immense distraction and also cause numerous car accidents every year, and because you want to lessen the chances of you causing such an incident yourself, you may want to remain aware of other common distractions and how you can prevent them from affecting your driving.

What are the penalties for boating while drunk?

Naturally, many people see the distinction between driving a vehicle-commonly on the road-and a boating vessel-commonly on a body of water-and assume that the distinction means that actions that violate the law pertaining to each mode of transport will be different. However, this is not the case in Louisiana-the law in the state considers driving a boat the same as driving a car and this means boaters who drink and drive also receive a DWI following a recreational boating accident.

According to Wildlife and Fisheries, the first offense DWI can lead to a fine between $300 and $1000 and up to six months in prison. The second offense can lead to a fine between $750 and $1000 accompanied by a maximum of six months in prison. The third offense DWI sees a $5000 fine and between one and five years in prison.

The basics of a premises liability claim

Premises liability is an area of personal injury law in which property owners can be held accountable for injuries that occur on their land or in their buildings. Our readers in Louisiana will likely be most familiar with this area of law from the traditional "slip and fall" cases they may have read about or seen in the news.

A property owner has a legal duty to the people who come to their property, depending on the status of that visitor. For instance, a property owner has a higher level of legal duty to someone who is invited to the property as opposed to someone who is trespassing on the property without permission. A property owner could be held liable for injuries to one status of visitor over another.

Car accident results in one death and several injuries

Car accidents are the cause of many deaths and injuries throughout America, and Louisiana isn't immune. Our readers are probably familiar with seeing news coverage of serious accidents that occur on the daily commute, but some accidents can be especially devastating, with fatalities and multiple injuries involved.

That was the case with an accident that occurred on June 29. According to the reports, the accident occurred when the 21-year-old female driver of a Pontiac G6 failed to yield on a highway, and her vehicle was struck by a Chevy Silverado. The reports indicate that the collision occurred around 9 a.m.

Know how the truck accident occurred when pursuing a case

Semi-truck accidents cause thousands of deaths and even more injuries every year in Louisiana and throughout the country. Large trucks, such as semi-trucks and other "big rigs," are capable of causing massive destruction when a truck accident occurs. And, in most cases, other passenger vehicles and their occupants are the ones who suffer the brunt of the damage and injuries in these types of collisions.

But, if you were injured in a truck accident, how did the accident occur in the first place? After all, truck drivers receive specialized training in order to operate large trucks -- above and beyond what a driver of a passenger vehicle receives. How do drivers with specialized training still cause accidents? Knowing how the truck accident occurred will be a crucial part of any personal injury lawsuit.

Granny cams might deter nursing home abuse

According to an AARP scorecard on states' performances on meeting standards for long-term care for elderly people and disabled people, Louisiana ranked 40th. This study highlighted the need for the state to step up its pace to meet changing demographic demands and do justice for its elderly population.

In one such move, Louisiana lawmakers have signed in a law to install "granny cams" in nursing home rooms. This new law is aimed at giving family members more opportunities to check in on their loved ones and ensure they are getting the care they need. Nursing home residents could have video monitoring devices in their rooms if certain conditions were met. These conditions include the family members footing the bill of the device and its maintenance and installation. Families have to get consent from the other residents in their loved one's room and the law would now require the nursing home to consent to it.

Distraction can happen simply by having a phone in the car

Louisiana readers know that distracted driving is a serious issue that remains a serious threat to the health and safety of every individual on the road. There are various different types of distraction, and they can affect drivers in different ways. Phones are one of the main reasons for unfocused and inattentive driving.

Most drivers are aware of the serious dangers associated with using a phone while operating a vehicle. From using social media to checking email to texting, phones are the main source of distracted driving. However, you may not know that studies prove simply having a phone in the car can lead to distraction.

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Tauzin & Lorio, Attorneys at Law
1228 Camellia Blvd.
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Lafayette, LA 70508

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