Louisiana Medical Malpractice Archives - Medical Malpractice Lawyers

Louisiana Appellate Court Rules Failure To Produce Certificate Of Enrollment Results In Non-Qualified Health Care Provider’s Liability Not Limited To $100,000

October 1, 2026

In order to qualify for the protections and benefits of the Louisiana Medical Malpractice Act (“LMMA”), La. R.S. 40:1231.1, et seq., a health care provider must satisfy both the financial aspects and the licensing requirements. The purpose of the LMMA is to limit the liability of health care pro[...]

U.S. Supreme Court Revives HIV Discrimination Case, Ruling State Immunity Law Does Not Preclude Federal Claim

January 25, 2026

The Supreme Court of the United States stated in its December 8, 2025 Per Curiam: “Louisiana immunizes healthcare providers from civil liability during public health emergencies. La. Rev. Stat. Ann.§29:771(B)(2)(c)(i) (West 2022). Below, the Louisiana Court of Appeal held that this state stat[...]

Louisiana Appellate Court Rules Medical Malpractice Defendant Should Have Been Granted JNOV

September 1, 2025

The Court of Appeal of Louisiana, First Circuit, stated in its July 11, 2025 decision: “a neuromedical facility appeals both a judgment rendered against it after a jury trial and another judgment denying its motion notwithstanding the verdict. The jury found no negligence by the neurosurgeon w[...]

Two Louisiana State Senators Part Of Ownership Group Of Nursing Home Being Sued For Wrongful Death; They Recently Voted In Favor Of Legislation Benefitting Nursing Homes

July 2, 2025

Louisiana Senate President Cameron Henry, R-Metairie, and Senator Bob Hensgens, R-Abbeville, are part of a 10-person ownership group for the Acadia St. Landry Nursing and Rehabilitation Center (“Acadia”) in Church Point, Louisiana. Senator Hensgens is also the administrator of the nursin[...]

Louisiana Appellate Court Affirms Summary Judgment For Medical Malpractice Defendants Where Plaintiff Failed To Identify An Expert

April 8, 2025

On November 6, 2018, Linda George presented to Tulane University Hospital in New Orleans for gallbladder removal surgery and repair of a hiatal hernia. During surgery, her esophagus was perforated and required repair. While repairing her esophagus, Ms. George sustained a vocal cord injury. On Novemb[...]

Louisiana Appellate Court Discusses National Standard Of Care Versus Locality Rule, Informed Consent, In Medical Malpractice Case

February 8, 2025

On April 29, 2015, Roxine Lachney filed a Louisiana medical malpractice claim against James L. Gates, M.D., alleging that he breached the standard of care in performing three surgeries on her: the hysterectomy, the right oophorectomy, and the left oophorectomy. The medical review panel issued its op[...]

Louisiana Appellate Court Holds Medical Malpractice Claim Against Anesthesiologist Was Filed Too Late

November 10, 2022

Claim Against Anesthesiologist Was Filed Too Late: Louisiana Medical Malpractice Statute Of Limitations – La. R.S. 9:5628(A) provides two periods for filing a malpractice action—either one year from the date of the alleged act, omission or neglect, or one year from the date of discovery of t[...]

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

December 9, 2021

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 moti[...]

Federal Appellate Court Rules State-Based Claims Alleging Defective Cardiac Defibrillator Were Preempted

November 18, 2021

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 the FDA’s PMA [pre[...]

Louisiana Appellate Court Holds Fall From Stepstool In Doctor’s Office Not Medical Malpractice Claim

November 13, 2021

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 [...]

Mississippi Pharmacist And Louisiana Marketer Plead Guilty In $180M Health Care Fraud Scheme

October 17, 2021

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 paying kickbacks to distributor[...]

Louisiana Doctor Charged With Illegally Dispensing Over 1.2M Opioid Doses

September 22, 2021

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 professional practice and not for a [...]

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Category: Louisiana Medical Malpractice