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Lafayette Personal Injury Law Blog

Act against nursing home abuse

As mentioned previously on this blog, doctors and medical professionals must conform to a standard of care when caring for their patients, whether they visit them in the hospital or at a nursing home. When the care being provided falls below this standard, it can result in injuries or abuse and, when that happens, it might be possible to hold them accountable for their negligence.

Nursing home abuse is especially grievous because we often place elders with cognitive disorders or other ailments that prevent them from taking care of themselves in a nursing home and they end up being taken advantage of on a regular basis. An act as simple as leaving an elderly patient in the dark during mealtime can lead to abuse in a nursing home, because it could result in injuries.

Louisiana nursing home suspected of abuse

As our parents grow older, we would like to provide them with the best quality of care as possible and ensure all their needs are met. For many, this means placing them in a nursing home with the facilities required to cater to their illnesses and injuries. This may be a difficult decision to make, but at the end of the day if the nursing home can adequately take care of an elderly person, then the decision is often the correct one.

When placing a loved one in a nursing home, people often visit the nursing home many times and speak with all the relevant people there. After all, the nursing home is supposed to live up to a certain standard of care. However, a shocking study about a nursing home in Louisiana reveals the abuse elderly are suffering in a specific location.

Questions about Zofran keep coming up for pregnant women

Hyperemesis gravidarum, also known as severe vomiting during pregnancy, can be a real pain. Most women expect some form of morning sickness while pregnant, but for others the problem is so severe that they turn to their doctors for help. Doctors and pharmaceutical companies have been promoting the off-label use of an anti-nausea drug called Zofran.

When pharmaceutical companies develop a drug, the FDA approves it for a narrow range of uses. If a physician or a pharmaceutical company promotes a drug for uses other than those approved, they run the risk of unintentionally harming vast numbers of people. Part of the reason for the FDA drug approval system is to protect consumers from dangerous side effects of drugs.

Can I sue a retailer for getting injured in the store?

As Black Friday approaches and stores compete with one another to offer the best deals to potential customers, they also end up creating unsafe property conditions where previously none existed. With hundreds of people lining up outside the building, entering at the same time and pushing and shoving to get to the best deal first, the possibility for injuries is very high.

The Occupational Safety and Health Administration has formulated guidelines that employers can follow in order to reduce injuries during the holiday shopping season. As the retailer is responsible for ensuring the occupants inside their stores are safe, the onus falls on them for taking steps to reduce injuries and fatalities.

What if I am also at fault in my car crash?

When a Louisiana resident is injured in a car accident with another driver, they often end up making broad statements such as "it was the other driver's fault". When used in a legal case, the word fault takes on another meaning and simply making such statements will not bring about legal liability. Instead, Louisiana's fault system means that the accident victim must prove the other driver was at fault before damages can be recovered from them.

Demonstrating who is at fault is often a complicated task and many times one driver alone is not responsible for the crash-both drivers have contributed to the accident, but it could be said that one driver played a bigger role. Does this mean the other driver should not be able to receive compensation for the injuries they have sustained?

What if I slip and fall in a parking lot?

With changing weather upon us in Louisiana, it is important to know what one's obligations are in respect of the property they own or rent-if one fails to take adequate precautions on their property to correct a problem that existed, they could be held liable for the medical expenses or property damage that results from a trip and fall accident. These are some of the most common types of injuries incurred.

Though the law doesn't require that one clear up the ice and snow that accumulates outside of the property that they own or rent, it may be possible to hold them liable if conditions on the property causes it to accumulate unnaturally. For example, if the ice accumulated on the roof, but then melts, drips because the drain is clogged and then freezes again, and someone slips on this, the property owner or renter can be held liable.

Life will never be the same, but recovery may be possible

No one can tell you how to grieve the sudden, unexpected loss of your loved one. Since you learned of the tragic accident that took your family member's life, you have likely replayed the scene over and over in your mind. Perhaps your loved one survived the initial impact of his or her accident but was pronounced dead before you arrived at the scene. It can be nearly impossible to think beyond your shock and grief in such situations.

In fact, you may have days where you think you will never recover. Others in Louisiana who have experienced similar losses have found that healing may come slowly, but it is often possible if you know what to expect and where to turn for help.

Understanding admiralty law

Though Louisiana residents live near bodies of water and often enjoy their weekend by engaging in activities that involve them, such as recreational boating or waterskiing, they may not be aware what laws apply if they are involved in a recreational boating accident.

The U.S. Coast Guard is responsible for enforcing federal laws on bodies of water inside or near America. Admiralty or maritime law is the law that applies in these situations; it is a combination of various types of U.S. and international law and covers injuries, torts, contracts or offenses that take place in the waters. Federal courts have jurisdiction over these matters.

Wake up trucking industry by holding them accountable for crash

We share road space with them and accept them as part of our daily experience on the highways, but this does not mean many Louisiana residents don't move to the other side of the road when approaching a truck in an attempt to overtake or distance themselves from the semi-truck alongside it. Their size makes them formidable-not only because of the destruction it could cause in case of an accident but also because it is difficult to maneuver or see around. The truck itself is slow to respond to motoring functions such as braking or turning.

Last week's post touched upon the dangers of fatigued drivers on the road-inattentiveness, decreased ability to respond to changing conditions and dozing off at the wheel-all factors that could cause a potentially fatal truck accident.

Sleepy truck drivers can cause fatal accidents

When you are working long hours and are racing against the clock to complete the task allotted to you, you may find yourself dozing off while working. For many, this is not a problem and does not threaten the lives of those around them-but when the person dozing off is a truck driver operating a commercial truck, then the fatigued driver is wielding a deadly object and has the potential to cause a deadly truck accident if he or she falls asleep behind the wheel.

Many associate the long hours truck drivers operate for sleepiness during the day, but this is not the only reason-Louisiana residents may not be aware that truck drivers are highly susceptible to developing sleep apnea and this could also be the reason they are having difficulty staying up during the day. According to the Federal Motor Safety Carrier Administration, around one-third of truck drivers have some form of sleep apnea. Sleep apnea is a sleep disorder that leads to small interruptions of breathing during sleep. Lasting up to 10 seconds at a time and occurring up to 400 times a night, it has the potential to leave sufferers with headaches, daytime sleepiness, disturbed sleep patterns and concentration problems.

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Tauzin & Lorio, Attorneys at Law
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Lafayette, LA 70508

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