On behalf of Lee M. Schwalben, M.D., J.D., LLC on Friday, May 18, 2012
Louisiana state police have found that last year about half the fatal accidents they investigated were caused by an impaired driver. In Lake Charles and elsewhere throughout Louisiana, a fatal accident can happen in just a few seconds. When a motorcyclist is involved, accidents often end with serious injuries or death.
One such tragedy occurred this week in Lake Charles. A biker was pronounced dead at the scene of the crash that occurred between a motorcycle and an SUV. The state police are investigating the accident. The motorcycle was traveling northbound on LA 385 when the SUV reportedly turned left in front of him, causing the fatal accident. The driver of the SUV was not injured.
On behalf of Lee M. Schwalben, M.D., J.D., LLC posted in medical malpractice on Thursday, May 10, 2012
In Louisiana and elsewhere, in the event that a condition is misdiagnosed or even undiagnosed, serious medical errors can result. In 2008, a single mother was given the devastating news that her child had passed away in the womb after the mother arrived at a hospital with signs that the child she was carrying may have been oxygen deprived. Doctors concluded that the child was no longer living as the result of an ultrasound that did not detect a fetal heart rate.
A second ultrasound was conducted, which detected a fetal heart rate, negating the previous claim that the child was dead. 81 minutes later, a little boy was born. However, due to the hospital negligence and subsequent delay, the child was born with cerebral palsy. Such a condition comes with a host of difficulties and a life time of steep medical bills.
On behalf of Lee M. Schwalben, M.D., J.D., LLC posted in Wrongful Death on Wednesday, May 2, 2012
Few parents in Lake Charles, Louisiana, would argue the statement that there are few thoughts more painful to imagine than the death of a beloved child. One family in Louisiana is likely struggling as they live this absolutely unimaginable pain in the wake of the death of not one but two of their children after a fatal accident.
It appears that the children, ages 5 and 7, were small enough to wiggle through a hole in a fence that lead to the pool of an apartment complex. Just last week, the children snuck through the hole and tragically drowned. Now the parents of these little boys are suing the apartment complex and the parent company of the apartment complex, which is based in Louisiana, for negligence in the wrongful death of their children.
On behalf of Lee M. Schwalben, M.D., J.D., LLC posted in medical malpractice on Tuesday, April 17, 2012
The longer a patient undergoing a procedure in Louisiana or elsewhere remains under anesthesia, the more likely the risk for complications. Therefore, there is a sense of urgency to get the patient in and out as quickly as possible. Due to this time-sensitive nature, mistakes happen and things can get left behind, resulting in a medical malpractice case.
Reportedly, around one in 6,000 cases of surgery and medical procedures result in an "adverse incident," often times in the form of a sponge left behind inside the body of the victim. The repercussions for such a negligent mistake can be huge. To reduce the rate of medical malpractice and adverse events, a new bar code scanning procedure for sponges is being implemented in some areas across the country.
On behalf of Lee M. Schwalben, M.D., J.D., LLC posted in Car Accidents on Monday, April 9, 2012
A recent Lake Charles, Louisiana, two-car accident cause quite a commotion when one car went careening into a fire hydrant, causing an eruption of water, confusion and a traffic block. The car accident occurred at the intersection of Common Street and 15th Street, which was subsequently closed for over an hour.
A witness that lives nearby the intersection reports that this particular intersection is highly trafficked and prone to accidents. Reportedly, this was the first time the hydrant ruptured, although it was not the first time it had been struck.
On behalf of Lee M. Schwalben, M.D., J.D., LLC posted in Wrongful Death on Thursday, April 5, 2012
A Japanese-based pharmaceutical company, Takeda, is facing an onslaught of personal injury and wrongful death claims for what victims say was the distribution of an "unreasonably dangerous and defective drug" used in the treatment of Type-2 diabetes. Reportedly, the drug has been shown to cause bladder cancer in patients.
The cases have been consolidated before a United States District Judge in Louisiana. According to the lawsuit, the pharmaceutical company should have known that the drug, called Actos, presented an increased risk for the development of bladder cancer.
On behalf of Lee M. Schwalben, M.D., J.D., LLC posted in medical malpractice on Wednesday, March 28, 2012
In Louisiana, and elsewhere, first-time mothers should feel excited about what is to come, not devastated about what has happened. For one mother, devastation is exactly what she may have felt in the wake of the medical error that injured her infant.
The mother is suing for nurse negligence and hospital negligence in the aftermath of her daughter losing half of her finger. It appears that the nurse in question was attempting to remove an intravenous tube from the infant child's hand when she mistaken cut off half of the child's left pinky.
On behalf of Lee M. Schwalben, M.D., J.D., LLC posted in Truck Accidents on Monday, March 19, 2012
According to a recent study conducted by the National Sleep Foundation, truckers across the country, including those in Louisiana, are not catching enough Zs. The study concluded that truckers are among the population of employees that are sleepier than average. This sleepiness could lead to a decrease in safety and thereby increase in the number of truck accidents.
The CEO for the National Sleep Foundation is reported as saying, "The margin of error in these professions is extremely small. Transportation professionals need to manage sleep to perform at their best." This margin of error can mean the difference between safe roadways and fatal or catastrophic collisions.
On behalf of Lee M. Schwalben, M.D., J.D., LLC posted in medical malpractice on Thursday, March 15, 2012
It would be inaccurate to state that the only victims of medical malpractice cases in Louisiana and elsewhere, are the individuals directly impacted by the medical error or negligence. Family members of the directly-impacted individual can be victimized as well. The parents of a child or the spouse that loses their love are both victimized by medical errors by extension.
While some medical malpractice victims seek compensation as a vehicle to repay costly medical expenses, other victims in Louisiana and elsewhere pursue medical malpractice lawsuits as a deserved form of justice because in the wake of a fatal doctor error, that may be all that is left to offer.
On behalf of Lee M. Schwalben, M.D., J.D., LLC posted in medical malpractice on Friday, March 9, 2012
Parents in Louisiana may agree there is nothing as gut-wrenching as the thought of losing a child. Imagine that an individual's child is pronounced dead -- but the body never cools off and there is no sign of rigor mortis. Imagine the parents fighting with doctors and staff to reevaluate their child that has already been pronounced dead. Imagine the consequences of an instance of medical malpractice in which a child is prematurely, and incorrectly, pronounced dead.
This nightmare was reality for one set of parents as they refused to accept their seven-year-old son was dead after he was pronounced no longer living. They argued that the body was still warm and that there was still movement. The young boy's chest never ceased moving but doctors explained this as a side-effect of one of the medications they gave the boy in their attempts at resuscitation -- that this phenomena was not uncommon.
