In the state of Louisiana medical malpractice attorney cases can vary. They can often include those that protect individuals from large institutions such as hospitals or corporations when they overreach what they can legally protect or have control over. They can stand as protection through a government agency when a corporation or organization tries to shield an employee who has broken the law, especially when it pertains to health law. And sometimes they can simply clarify the rules of responsibility even if they can’t, sadly, change the outcome of the situation. Here are three recent examples from the local files that had Louisiana medical malpractice attorney offices checking their knowledge of their own health law books.
A Question of Supervision
When a 12-year old in Louisiana recently decided to host a birthday party at his home, he probably wasn’t considering whether his friends were swimmers or not. But his parents should have. His father could swim, but he wasn’t able to be home on the day of the party. His wife would be supervising the kids, but she and her eldest daughter both were not swimmers. This oversight cost a child his life, when he wandered into the deep end of the pool and drowned. The kids in the pool called for help, but by the time they could find an adult who could swim, and rescue the boy, it was too late.
The judge ruled that even though the father knew his two other kids could swim and would be at the party, he didn’t take the time to make them responsible specifically for the welfare of the kids at the party. He knew his wife couldn’t swim, he knew he would not be home to help. Because he neglected to make arrangements to have someone who was a swimmer and responsible in charge of keeping a group of noisy 12-year-old kids near a pool safe, he was held responsible.
Walgreen and HIPPA
This second case involved a more direct health law violation. It is the type of case any Louisiana medical malpractice attorney should be aware of, for obvious reasons. An employee of Walgreen who worked in the pharmacy used their ability to access HIPPA’s private information for their own personal use. The employee used information about a client’s prescriptions to pressure that client into dropping their attempts to continue to get child support for the client’s child from the employee’s husband. When the client complained to Walgreen, the result was a written reprimand and the employee was required to take a course online regarding the use of HIPPA. Not satisfied, the client took Walgreen to court.
The case went before a jury and that jury found both the company and the employee guilty of negligence by way of professional malpractice as well as being guilty of invasion of privacy. They decided that Walgreens was indeed responsible for its employee’s actions as well. While HIPPA may not create a private right of action, it does regulate who individually has access. It is also capable of providing criminal penalties for improper actions or disclosures. Walgreens and the employee were found liable for $1.4million in negligence.
Healthcare Billing Protection
Sometimes the law needs to step in to protect individuals who are at the mercy of a large organization such as a hospital. This happened recently when a Louisiana motorist was in an accident. When they received treatment at a nearby medical facility, the organization refused to file a claim with the person’s healthcare company. Instead, they contacted that person’s personal injury attorney and filed a medical lien through them. This despite the hospital having a relationship with that healthcare company and a regular schedule of agreed upon payment amounts for procedures that had been done on the patient’s behalf. The patient filed a putative class action suit for conduct that was specifically prohibited.
Louisiana Medical Malpractice Attorney
As you can see from these three cases, it is important to step up and protect your rights. Whether you are looking at medical malpractice, professional malpractice or filing against an organization that has conducted actions outside of their authority, we can help. From simple car accidents that have gotten out of hand to professional disputes that need mediation, we have the background and knowledge to lend a hand and get you the justice you deserve. Don’t let yourself become a victim; get the Louisiana medical malpractice attorney help you need today.