Around Louisiana

March 2, 2015

Family Entitled to Trial in Malpractice Claim Against Jefferson Parish Hospital for Mishandling ‘Fall Risk’ Patient

A New Orleans area family will be allowed to pursue the West Jefferson Medical Center for malpractice after a patient fell and suffered serious injuries while under the hospital’s care. The Louisiana Court of Appeal concluded that the family’s compelling evidence, along with the inconsistencies in the hospital’s proof, were enough to create a viable case that the fall occurred because caregivers violated the hospital’s own protocols for handling patients with a high risk of falling.

The incident occurred after Mitzi Matherne entered the hospital due to a hematoma on her calf. Hospital staff provided the 76-year-old woman with care for her hematoma and for “morbid obesity.” The hospital identified the patient as a fall risk and placed instructions that two caregivers attend to her whenever she was to be moved to or from her bed.

February 12, 2015

Louisiana Court of Appeal Reduces Driver’s Sentence Because Trial Court Did Not Follow Statute

by Cardone Law Firm

A man facing conviction on his fifth drunk driving charge could not be required to serve the entire 20-year jail sentence without the possibility of parole, probation, or suspension of his sentence. The trial court’s sentence was improper, according to a recent Louisiana Court of Appeal ruling, because the statute governing DWI sentences expressly required the driver to serve only two years of his 20-year term before being eligible for probation, parole, or suspension of his sentence.

Bernal Aguilar had a long history of interactions with law enforcement related to drunk driving, even before March 2012. In fact, he’d already been convicted of drunk driving offenses four times when he was arrested again.

February 4, 2015

Belle Chasse Bridge Crash

by Cardone Law Firm

A recent tragedy has occurred that could have been easily prevented. A crash on the Belle Chasse Bridge caused one man to be seriously injured and another to be killed. On the morning of the crash the conditions were cold and rainy causing the roads to be dangerous. A 2007 Ford F-150 driven by Ruben Vela Rodriguez of Pharr, TX was traveling north on Highway 23 around 8:10 a.m. when he lost control of the truck while crossing over the metal drawbridge grating. State Police believe that the Ford F-150 was traveling at a high rate of speed when he lost control of the vehicle. The truck spun into the left lane and struck the bridge. The vehicle then caught on fire, and the driver was partially ejected from the truck. Both the passenger and driver were not wearing seatbelts. The passenger, whose identity is being withheld, was pronounced dead on the scene. A 2007 Ford Fusion, driven by Michelle Sylve of Port Sulphur, LA was driving behind the truck and could not stop in time. She crashed into the truck and suffered minor injuries. The personal injury attorneys at the Cardone Law Firm have over 40 years of experience handling auto accidents. These car crashes can leave the victim and friends emotionally, financially, and physically devastated. Our personal injury team understands that when a person is looking for an attorney they are looking for someone to guide them through the legal process and, at the same time, avoid the pitfalls that will arise. That is why we have dedicated our careers fighting for injured people and their struggles securing the best possible financial recovery.

Read more about accidents involving fatalities.

February 2, 2015

Using Uninsured Motorist Coverage to Collect in Auto Accident Injury or Death Cases

by Cardone Law Firm

When you are injured in an auto accident, dealing with insurance companies is often challenging, especially in cases with more complex issues, since the insurers may seek any basis for denying coverage and refusing you the compensation you deserve. In one recent case, the Louisiana Supreme Court decided that a motorcyclist killed in an accident was covered by insurance, since the policy contained greater than state-minimum uninsured motorist coverage.

Read more about motorcycle accident law.

January 9, 2015

The Theory of Respondeat Superior

by Cardone Law Firm

Louisiana Civil Code article 2320 is the foundation for the theory of respondeat superior, which in Latin means ‘Let the Master Answer.’ It states, “Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed.” Therefore, employers are only responsible for their employees’ actions if it occurs in the course and scope of their employment. Louisiana case law has created different factors and tests to apply this theory; however, there is no bright line rule in use.

Generally, an employee’s conduct is within the course and scope of his employment if the conduct is the kind that he is employed to perform (Orgeron v. McDonald). An employer will be responsible for the negligent acts of its employee when the conduct is so closely connected in time, place, and causation to the employment duties of the employee that it constitutes a risk of harm attributable to the employer’s business, as compared with conduct instituted by purely personal considerations entirely extraneous to the employer’s interest. In determining whether the employee’s conduct is employment related, the court assesses several factors, including the payment of wages by the employer; the employer’s power of control; the employee’s duty to perform the act in question; the time, place, and purpose of the act in relation to the employer’s service; the relationship between the employee’s act and the employer’s business; the benefits received by the employer from the act; the employer’s motivation for performing the act; and the employer’s reasonable expectation that the employee would perform the act (Woolard v. Atkinson).

January 5, 2015

Lack of Information in Jury Verdict Form’s Dooms Award of Court Costs and Attorneys’ Fees

by Cardone Law Firm

A nursing home’s negligent handling of a patient’s feeding needs contributed to the man’s death and also led a jury to issue a monetary award to the family of the deceased patient. The family’s recovery was not as large as it might have been, however. The Louisiana Court of Appeals determined that the jury in the case never made an express finding that the facility violated the Nursing Home Residents’ Bill of Rights, so the family was not entitled to recover their court costs and attorneys’ fees.

The appeal arose from a jury trial and verdict in the nursing home negligence death of Jesse Harvey, Sr. Harvey was a long-term resident at Acadian Rehabilitation and Nursing Center. During a brief hospital stay, doctors performed a test called a pharynogram, which showed the man had an inability to swallow. The doctors ordered that the man receive nutrition through a feeding tube and nothing by mouth.

January 5, 2015

Trial Court Shouldn’t Have Punished Medical Patient for Expert Witness’ Disappearance

by Cardone Law Firm

Personal injury cases involve lots of evidence and lots of witnesses. Managing all of this can be very challenging, but an injury victim is still responsible for meeting his or her deadlines. However, as a recent Louisiana Court of Appeal ruling highlights, the victim is not responsible for forces outside his or her control and, in a case where a medical patient’s expert witness suddenly disappeared, she should have received extra time to submit her evidence to the trial court.

The problems for Patricia Andre, a patient with cystic fibrosis, began when she was placed on the antibiotic drug Tobramycin in the hospital. After discharge, Andre continued receiving Tobramycin on an outpatient basis, administered by staff from HCS Infusion Network.

December 23, 2014

Emergency Vehicle Crashes

by Cardone Law Firm

Normally when a person thinks of an emergency vehicle, such as a fire truck, ambulance, or police car, he or she thinks of the different ways in which these emergency personal can help people in the time of a crises. However, these emergency vehicles do cause crashes and at a rate higher than a person would expect. These emergency vehicles are usually in a rush to another car crash, injury, or crime and forget that they have certain duties to other drivers on the road as well. From 1991 to 2000, the most recent years for which data is available, 300 fatal crashes occurred involving ambulances, resulting in the deaths of 82 ambulance occupants and 275 occupants of other vehicles and pedestrians. The 300 crashes involved a total of 816 ambulance occupants. Statistics also show that motor vehicle crashes are the second leading cause of death for on-duty firefighters. Fire truck crashes, occurring at a rate of approximately 30,000 per year, have potentially dire consequences for the vehicle occupants and for the community if the fire truck was traveling to provide emergency services. Due to the sheer size of the ambulance, fire truck, or other emergency vehicles, the injuries sustained from such a collision can be catastrophic. Louisiana law provides different duties for emergency vehicles if certain criteria have been met. Because of the complicated legal issues that arise when dealing with these types of crashes, it is important to have an experienced Louisiana personal injury lawyer on your side to know how to handle such a crash.

Louisiana Revised Statute 32:24 holds the key to what duties emergency vehicles have and when they apply. It provides:

December 1, 2014

State Allowed to Suspend Driver’s CDL Despite Dropped DUI Charge

by Cardone Law Firm

DWI/DUI arrests can be damaging for anyone, but especially so for a commercial driver. One man, who was arrested on suspicion of DUI but was never convicted of any crime, nevertheless lost his commercial driving privileges for a year. The Louisiana Court of Appeal ruled that the statute that pertains to CDL suspensions allows the state to suspend a driver’s commercial privileges for a year based solely on that driver’s refusal to submit to a blood-alcohol test.

Robert Navarre was pulled over in April 2011 near Lake Charles and arrested for driving drunk. The officer asked the driver to submit to a blood test, but he declined. Based upon the driver’s refusal to complete the blood test, the state’s Office of Motor Vehicles suspended his personal driver’s license for one year, as permitted by statute. The state also barred the driver from driving a commercial vehicle for one year.

November 27, 2014

How to Proceed with Your Medical Device Injury Case

by Cardone Law Firm

Patsy Grabowski’s personal injury action is a clear illustration that, even when misconduct and injury clearly occur, proceeding through the legal process can be filled with complications, often related to selecting the proper person or entity to sue. The woman and her attorneys had to go all the way to the Louisiana Court of Appeal to revive her case relating to harm she suffered from a knee replacement gone wrong.

In 2007, Grabowski went to West Calcasieu Hospital outside Lake Charles for a total knee replacement. After later developing problems, Grabowski returned to the hospital. She underwent a second surgery, after which her surgeon informed her that the artificial knee had malfunctioned because the manufacturer’s sales representative, who was present in the operating room during the first surgery, had given him the wrong-sized part. As a result, Grabowski had suffered damage to a tendon in her knee.