Category: Louisiana Medical Malpractice

Louisiana Appellate Court Affirms Summary Judgment In Failure To Diagnose Hip Fracture Medical Malpractice Case

The State of Louisiana Court of Appeal, Third District (“Louisiana Appellate Court”), in its unpublished opinion dated November 3, 2021, stated that the Louisiana medical malpractice plaintiff’s expert’s affidavit submitted in opposition to the defendant hospital’s motion for summary judgment…
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Federal Appellate Court Rules State-Based Claims Alleging Defective Cardiac Defibrillator Were Preempted

In its unpublished opinion dated October 18, 2021, the United States Court of Appeals for the Fifth Circuit stated, “21 U.S.C. § 360k … expressly preempts state laws which impose “different” or “addition[al]” safety requirements on medical devices subject to…
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Louisiana Appellate Court Holds Fall From Stepstool In Doctor’s Office Not Medical Malpractice Claim

In its opinion filed on October 13, 2021, the Court of Appeal Fourth Circuit State of Louisiana (“Louisiana Appellate Court”) held: “Respondent’s fall and subsequent injury were neither treatment-related nor caused by dereliction of professional skill. Expert medical evidence is…
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Mississippi Pharmacist And Louisiana Marketer Plead Guilty In $180M Health Care Fraud Scheme

The U.S. Department of Justice announced that a Mississippi pharmacist and a Louisiana marketer pleaded guilty in August 2021 in the Southern District of Mississippi for their roles in a multi-million-dollar scheme to defraud TRICARE and private insurance companies by…
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Louisiana Doctor Charged With Illegally Dispensing Over 1.2M Opioid Doses

On August 27, 2021, a federal grand jury in New Orleans, Louisiana returned an indictment charging a Louisiana physician for his role in distributing over 1,200,000 doses of Schedule II controlled substances, including oxycodone and morphine, outside the scope of…
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Louisiana Appellate Court Finds Fall While Boarding Van Was Not Medical Malpractice

In its opinion dated June 9, 2021, the Fifth Circuit Court of Appeal State of Louisiana (“Louisiana Appellate Court”) stated: “In this personal injury case arising from Barbara Campbell’s purported fall and subsequent injuries while boarding a van to be…
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Louisiana Appellate Court Reverses Summary Judgment Granted To Pediatric Cardiologist

The State of Louisiana Court of Appeal, Third Circuit (“Louisiana Appellate Court”), in its decision dated October 28, 2020, reversed summary judgment granted to the defendant pediatric cardiologist in a Louisiana medical malpractice case, finding that the plaintiff’s medical malpractice…
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Louisiana Appellate Court Rules Certain Allegations Against Hospital ER Employee For Sexual Assault Of Patient Are Medical Malpractice Claims

The State of Louisiana Court of Appeal, Third Circuit (“Louisiana Appellate Court”) ruled in it decision dated May 27, 2020 that certain allegations in the plaintiff’s petition alleging that an emergency room technician employed by the defendant hospital sexually assaulted…
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Louisiana Supreme Court Holds Negligent Credentialing Claim Falls Under Louisiana’s Medical Malpractice Act

The Supreme Court of Louisiana (“Louisiana Supreme Court”) held in its opinion dated January 29, 2020 that the plaintiff’s “allegations against the hospitals for negligent re-credentialing necessarily fall within the definition of “malpractice” under the LMMA because they constitute an…
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$10M New Orleans Medical Malpractice Verdict May Not Be Subject To $500K Damages Cap

On August 22, 2019, a New Orleans medical malpractice jury returned its verdict in the amount of $10 million in favor of the plaintiff who suffered a serious permanent arm injury as a result of negligent medical treatment for an…
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