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Lafayette Louisiana Personal Injury Law blog

Who is responsible when a birth injury occurs: mom or hospital?

Bringing a baby into the world, for most parents, is a joyous, albeit stressful, occasion. There is always the hope that labor and delivery will go smoothly, and mom and baby will leave the hospital healthy. Unfortunately, in Louisiana and across the country, numerous moms suffer injuries during the birth process, and some end up dying. A birth injury victim or -- in the event of fatality -- her surviving family members may be entitled to seek compensation for their losses if hospital negligence occurred. Sadly, many hospital administrators are blaming birth injuries on moms rather than taking accountability for their employees' actions.

A recently released article shared numerous stories of women who were injured or lost their lives during or shortly after childbirth. It particularly discussed one hospital in Louisiana, but research has shown that, in roughly one out of every eight hospitals, birth complication rates are far higher than what is seen in other facilities. According to current statistics, in the United States, 700 women die due to childbirth-related complications every year, and another 50,000 suffer injuries. Why is this happening, and can these injuries and deaths be prevented?

Pets in cars may contribute to motor vehicle accidents

Pets -- many Louisiana residents have them and love them as regular members of their families. It is not uncommon to see people with their pets riding in the front passenger seats of their cars or even in their laps while they are driving. While this may seem like a normal practice and nothing to be worried about, it is actually a habit that can and has contributed to motor vehicle accidents.

Driving with a pet that is unrestrained distracts drivers. AAA conducted a survey recently regarding pet -- particularly dog -- distractions. According to the survey results, 29 percent of participants admitted that they were distracted by their animals while driving. Roughly 52 percent of drivers willingly admitted to petting their dogs while driving and 17 percent claimed to let their dogs sit in their laps. A small percentage of survey participants admitted to feeding or playing with their animals while operating their vehicles.

Louisiana wrongful death: Speeding contributed to I-10 crash

Louisiana State Police were called to tend to a crash scene on Interstate 10 in Calcasieu Parish on March 3. When they arrived, they found two vehicles off the road. One person suffered serious injuries and was transported to a nearby hospital for treatment. Sadly, this individual later died. The victim's surviving family members may be entitled to seek compensation for their losses, which they can do by filing a wrongful death claim in civil court.

On March 4, a local news outlet shared a story about this event. According to the article, at approximately 7 p.m. on March 3, a 27-year-old woman was driving her vehicle eastbound on I-10. She, for reasons unknown, switched lanes right in front of a pickup truck. Unfortunately, the back end of her car hit the front end of the truck, causing both drivers to lose control and go off of the road. The truck hit a tree before finally coming to a stop.

Why road gators are so deadly

Living in Louisiana we all know what a gator is. But a road gator is not an alligator: It is a blown tire, usually from a 16 wheeler. The blown-out tire pieces are called gators because of their dark color and  arched, ridged texture which can resemble an alligator on the road. 

Blown semi truck tires in Lafayette are more common, and potentially more hazardous, than we might think. (Of course, hitting a live gator on the road is a very real possibility as this video shows.) 

Louisiana truck accidents: When falling cargo causes you to crash

Louisiana drivers are used to sharing the road with commercial haulers, but it doesn't mean they like it. Driving next to these massive machines can be terrifying, particularly when cargo looks to be poorly secured. Sadly, car and truck accidents have occurred due to falling cargo, leaving victims injured or worse.

There are certain standards for securing cargo that trucking companies and their employees are supposed to abide by. The current regulations are what they are because of the results of a multi-year study that was conducted years ago to evaluate what works and what changes were necessary in order to ensure proper cargo securement. So, what are the current standards for protecting against falling cargo?

Louisiana wrongful death: LBFTS claims following fatal accidents

Following a fatal auto accident, it is common to hear the responsible party claim that they looked but failed to see the victim, sometimes referred to as LBFTS accidents. Such a claim can be difficult for some people to understand, particularly if their loved one clearly had the right of way or was in plain sight. There is a reason why some people miss obvious things when behind the wheel of a car. This reason, by no means, gives the responsible party an out when it comes to liability. Louisiana residents who have lost loved ones in fatal auto accidents may pursue compensation for their losses by pursuing wrongful death claims in civil court.

The reason some people do not see motorcyclists, pedestrians, traffic signals or signs and sometimes other vehicles is because of inattentional blindness. The brain takes in a lot of information all of the time. Sometimes, it has to pick and choose what it will retain and what it will filter out in any given moment. When driving, there is a lot going on. Sometimes, the brain filters out information that it shouldn't which leads to drivers making bad decisions and causing accidents.

Birth injury victim? You may hold the following responsible

Women in Louisiana who have experienced personal injury during the birthing process, or parents of children who suffered injury or death during labor and delivery, likely have a lot of questions about what went wrong. No one expects results like this. Everyone hopes that labor will go well and the end result will be a beautiful, healthy baby. It is common to question if one's birth injury was preventable. If thoughts that it may have been born out of negligence exist, it may be possible to hold those responsible accountable for their actions.

Those who may be held responsible for one's losses extend beyond anyone who may have been in the room during or after the labor and delivery process. Yes, the doctors, nurses and other medical staff who came in contact with the victim need to be questioned, but it does not stop there. Some people may not be aware that hospitals, birthing facilities and pharmaceutical companies may also carry some liability.

Louisiana wrongful death: Man killed in hit-and-run collision

Louisiana State Police recently arrested the individual that they believe is responsible for a hit-and-run collision that left one man dead and a woman injured. This event is said to have occurred the morning of Saturday, Feb. 2, in Denham Springs. Compensation may be available to the surviving victim and the family members of the deceased. If these individuals choose to seek relief, they will need to file personal injury or wrongful death claims in civil court against the party believed responsible.

A 30-year-old woman was taken into custody several hours after the accident occurred. Authorities say that she failed to stop at a stop sign and made a left-hand turn right in front of a man and woman who were riding on a motorcycle. Both of the victims were thrown from their vehicle. The male driver died at the scene. His female passenger was transported to a medical facility with serious injuries.

Maritime law: 3 injured on Carnival ship seeking damages

A lawsuit was recently filed in U.S. District Court by three people who claim Carnival Cruise Line is responsible for injuries they suffered on board one of the company's ships. This federal case stands as a good reminder that Louisiana victims of accidents on these cruise ships may take legal action in order to seek relief. A maritime law attorney can help injured cruise ship passengers do just that.

According to a report, the Carnival Sunshine left port in Florida on Oct. 28, 2018. Soon after departure, the ship tilted significantly to one side due to a malfunctioning fin stabilizer. The crew of the Sunshine was able to correct the issue, but not until guests were thrown about the ship. One of the plaintiffs in this case claims that she suffered a spinal injury and two others claim to have suffered injuries to their wrists due to falling as a result of this event. The victims are seeking damages in excess of $75,000.

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