Statute of Limitations
- 1 year. (La. Civil Code Art. 3492 – Delictual actions)
- Medical malpractice - 1 year with Discovery Rule. (La. Rev. Stat. Ann. §9:5628 – Actions for medical malpractice)
Damages Cap
- $500,000 cap on total damages, excluding damages recoverable for medical care. A qualified health care provider is not liable for more than $100,000. The Patient’s Compensation Fund will cover the excess amount awarded up to the cap. (La. Rev. Stat. 40:1299.42)
Statute of Limitations
- 1 year. (La. Civil Code Ann. §2315.2)
Damages Cap
- $500,000 cap on total damages, excluding damages recoverable for medical care. A qualified health care provider is not liable for more than $100,000. The Patient’s Compensation Fund will cover the excess amount awarded up to the cap. (La. Rev. Stat. 40:1299.42)
- Abuse and Neglect of Adults – (LRS §14:403.2)
In anticipation of the arrival of Hurricane Gustav, nursing homes throughout Louisiana are evacuating. All nursing homes must have evacuation plans on file and conduct rehearsals for situations like this. Best wishes to all in Gustav's path.
Amy Quaintance Vega's great-grandmother was beaten to death by another resident with a violent history. Since then, Amy has taken it upon herself to spread the word of not only what happened to her great-grandmother, but to help improve nursing home safety for others. Here is her well-written petition. Please take a moment to show your support for this case and sign the petition to end nursing home abuse.
Officials are investigating the circumstances surrounding the severe burns sustained by a 77-year-old nursing home patient in New Orleans. The man sustained burns to 80% of his body when his bed caught fire following the Super Bowel. The man identified as Hubert Ellis, was a non-smoker, yet fire investigators found two cigarette lighters in his bed that they believe started the fire.
It is unclear if the smoke detector in Mr. Ellis's room was operating properly at the time of the incident. Similarly, the nursing home's response to the incident is under investigation as well.
A man with Type 2 diabetes has filed a lawsuit in federal court against the manufacturer of popular diabetes drug Actos following his development of bladder cancer after taking the drug.
The lawsuit alleges that Actos' manufacturer, Takeda Pharmaceuticals North America (and other entities including: Takeda Global Research & Development Center Inc., Takeda Pharmaceuticals Company Ltd., Takeda Pharmaceuticals America, Takeda San Diego Inc., Takeda Pharmaceuticals International Inc and Eli Lilly and Company), was negligent for not providing any warnings regarding the increased bladder cancer risk associated with Actos use.
About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…