Archive for July, 2019
Woman sues pharmacy claiming medical malpractice led to death
Most Louisiana and Mississippi residents have had to visit a pharmacy to have a prescription filled, and in fact, some people requiring medication for a chronic condition do so regularly. Pharmacists must complete years of education and training in order to properly and safely perform their job duties, so clients should feel safe knowing they will receive the correct type and dosage of medication, along with appropriate instructions for use. However, occasionally, a prescription will be filled incorrectly, and when this happens, the patient’s life may be in danger. As an example, a man in another state died when he was given a different medication than his doctor intended, and the executrix of his estate is now suing the pharmacy…
Read MoreHow Fault is Determined in a Pedestrian Accident
Over 6,000 pedestrians were killed in 2018, according to the Governors Highway Safety Association. Pedestrian fatalities have increased 41 percent since 2008 and now account for 16 percent of traffic fatalities. Everyone has heard the old adage, “the pedestrian has the right-of-way,” but, from a legal standpoint, that is not always correct. In an accident involving a pedestrian and a vehicle, a pedestrian can actually be at fault, in whole or in part. The Fault of the Driver A driver is “at-fault” or negligent if their conduct deviates from that of a reasonably prudent driver under the circumstances. In addition, a plaintiff must also prove that the driver’s negligence was the actual and proximate cause of their damages. If a…
Read MoreMedical malpractice lawsuit results in $3 million award
On behalf of David Bowling of The Bowling Law Firm, A Professional Law Corporation posted in Medical Malpractice on Tuesday, July 23, 2019. When a person undergoes any sort of medical test in Louisiana or elsewhere, unless told otherwise, he or she likely assumes the physician has recommended the test as a necessary and relatively safe diagnostic tool. Unfortunately, in the case of one woman from another state, this assumption proved inaccurate. The woman died a few days after attending what she thought was a routine doctor’s appointment, and a jury recently awarded her daughter $3 million in a medical malpractice lawsuit against the hospital and the cardiologist who treated her. The award has since been reduced to $2.6 million, and the doctor was dropped from the suit….
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