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Louisiana Medical Malpractice

Guide to Hall v. Brookshire Brothers, Ltd., 848 So.2d 559 (La. 2003)

What drug injured plaintiff?

What was her injury?

Why was it so disabling?

What was the doctor's negligence?

What was the pharmacist's negligence?

What was the patient's negligence?

Was the pharmacist and pharmacy qualified under the PCF?

Does the medical review panel make findings for providers who are not qualified?

What problem does this pose for later legal actions?

Did defendant physician pay a $100,000 settlement that admitted liability?

What is comparative fault?

When did LA adopt comparative fault?

How is comparative fault different from joint and several liability?

Does it abolish joint and several liability?

What percentage fault did the jury assign to the parties?

Does the jury assign fault to parties that are not in the litigation?

How much did the trial court reduce the plaintiff's award?

Was this applied to the jury award or the jury award after being reduced to the cap level?

What did the PCF want?

Why did the court find that this would not be fair?

When could comparative fault reduce the award below the cap level?

What award does the plaintiff want interest on?

What does the court say interest accrues on?

Why?

 

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