Duty to Prevent Bed Sores and Duty to Treat Sores

Most cases involving bed sores, pressure ulcers or decubitus ulcers arise from a failure of the nursing home to either prevent the sores from forming or to treat them after they form.  The elderly have a lot of preexisting conditions that make them highly susceptible to ulcers.  This doesn’t mean the nursing home can sit…

Louisiana Product Liability

Manufacturers can be held liable when their products cause injury or death.  These types of cases require very strict elements of proof.  The test is whether a product is “unreasonably dangerous”. There are specific ways in which our law outlines how a product can be considered “unreasonably dangerous”.  These are found in the Louisiana revised…

The Fair Labor Standards Act (FLSA)

Employees deserve to paid properly and there are laws that attempt to make sure they do.  Unfortunately, some employers are always thinking of new and creative ways to rip off their employees.  Additionally, some employers don’t know the law.  We have handled many cases where large companies, with teams of lawyers, simply made bad decisions…

Your Rights to Your or a Loved One’s Medical Records

One of the first places to start in any case involving medical negligence or medical malpractice is getting the patient’s records.  Unfortunately, this can be a very frustrating experience.  Many healthcare providers block or delay turning over their records.  They often site HIPPA laws or give other excuses.  The truth, more often than not, is…

Medical Negligence – Malpractice for infection

Medical malpractice cases are considered one of the hardest types of cases for a plaintiff to win.  Cases involving infection are some of the most difficult med mal cases.  In other words, the hardest of the hardest.  We have had success in these cases when the health care provider, nurse, hospital, nursing home, etc. fails…

Decubitus ulcer / Pressures sores

Nursing homes, hospitals, rehab facilities or and health care facility have a duty to prevent decubitus ulcers, pressure sores or what is also called bed sores. A common problem that I run into is the failure of the facility to change their care based on the changing condition of the resident.  If a person becomes…

Policy and Proceedure to prevent nursing home falls

Nursing homes have an affirmative duty to prevent accidents and falls.  Federal law requires this and their own policy and procedure manuals dictate what is to be done.  Amazingly, those written policies are often ignored.  Below is argument presented on behalf of a resident who fell nine (9) times in six months!  The nursing home…

Failure to timely treat obstructed/ruptured bowel

The case below involved the doctor’s failure to timely treat obstructed/ruptured bowel.  It was tragic and resulted in the patient’s death.  We represented his family in a wrongful death and survival action.   SUMMARY OF ARGUMENT On or about August 18, 2005 Mr. R was seen at the Cenla Family Clinic for complaints of abdominal…

Rehabilitation Hospital failed to prevent fall

Falls are dangerous for everyone. They are the number one reason for emergency room visits.  In the elderly, falls can be even more serious.  Nursing homes, rehabilitation hospitals and hospitals have a duty to prevent falls.  The case below involved that duty and explains the standards that apply.   BRIEF FACTUAL HISTORY   Plaintiff was…