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stack of mailMany states have very particular laws when it comes to medical malpractice actions, particularly when it comes to the steps you must take before you can file a civil action against the medical professionals who may have caused you damages. Louisiana is no exception, requiring plaintiffs to submit their medical malpractice allegations to a medical review panel before filing a civil claim. As seasoned Louisiana medical malpractice lawyers, we understand firsthand how important it is to ensure that you comply with all of the procedural requirements to protect your right to compensation.

A recent appellate opinion highlights how important these procedural rules can be.  The plaintiff underwent surgery in 2013 by one medical professional and received postoperative care for the surgery from another medical professional. Nearly one year after the surgery, the plaintiff filed a request for a medical review panel to determine whether the physicians committed medical malpractice. The entity responsible for overseeing this process is the Patient’s Compensation Fund (PCF).

Pursuant to Louisiana laws regarding medical malpractice claims against private healthcare providers, the PCF must send a series of letters providing notice to the medical professionals that they have been named in a proceeding involving allegations of medical malpractice. The first set of letters was sent to the postoperative doctor’s business address, and the return receipt was signed. The PCF then sent what is known as the “Nine Month Letter” to the defendant’s address. This letter states that the medical review process would be terminated if the parties do not designate an attorney chairperson within one year from the date that the complaint was filed. This letter was sent to the same business address, but the US Postal Service returned the letter, indicating that the address had closed. The PCF attempted to resend the letter one additional time and received the same response. The PCF did not take any additional steps to provide the letter to the defendant healthcare provider.

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https://bestlawfirms.usnews.com/images/blf-badge-2018.jpgNov. 1, 2017 –U.S. News & World Report and Best Lawyers, for the eighth consecutive year, the “Best Law Firms” rankings include the Baton Rouge, Louisiana injury law firm of Dué Guidry Piedrahita Andrews L.C., this year in the practice areas of Personal Injury Litigation – Plaintiffs (T1) and Product Liability Litigation – Plaintiffs (T2).
Firms included in the 2018 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. “U.S. News has decades of experience evaluating key institutions in society—from colleges to hospitals,” says Tim Smart, executive editor at U.S. News. “Law firms perform a vital role in American life, and ranking them is a key extension of our overall mission to helps individuals and companies alike make important life decisions.”
The 2018 rankings are based on the highest number of participating firms and highest number of client ballots on record. To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America, which recognizes the top 4 percent of practicing attorneys in the U.S. Over 13,000 attorneys provided more than 1,000,000 law firm assessments, and over 7,500 clients provided more than 65,000 evaluations.  Kirk A. Guidry, Randy A. Piedrahita, and B. Scott Andrews are all recognized in The Best Lawyers in America.

Thumbnail image for top100triallawyers.jpgBaton Rouge, Louisiana trial lawyers, Randy A. Piedrahita, Kirk A. Guidry and B. Scott Andrews, have been selected for 2018 membership in The National Trial Lawyers Top 100 Trial Lawyers.

According to The National Trial Lawyers criteria, it is a member-driven organization composed of premier trial lawyers from across the country who meet stringent qualifications. Only top trial lawyers from Louisiana who are actively practicing in civil plaintiff are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research.

Kirk Guidry, Randy Piedrahita and Scott Andrews have been selected to the 2017 Louisiana Super Lawyers list in the practice area of Personal Injury.   According to Thomson Reuters, no more than 5% of Louisiana Lawyers are selected each year by the research team at Super Lawyers to receive this honor.  Super Lawyers is a rating service of lawyers from multiple practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.  The Baton Rouge, Louisiana law firm of Dué Guidry Piedrahita Andrews L.C. handles serious personal injury and wrongful death cases throughout Louisiana.

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Dué Guidry Piedrahita Andrews L.C. proudly announces it has been selected once again by its peers for inclusion in the U.S. News & World Report Best Lawyers – Best Law Firms rankings in the following practice areas:

Pedestrian awareness urged by Louisiana State Police after Baton Rouge fatality: Precautions such as wearing reflective materials, avoiding distractions, and walking a safe distance from travel lanes while facing oncoming traffic could help prevent many pedestrian related crashes.  Troop A News Release.

Karen Tullier was killed in Baton Rouge around 9:00 p.m. on Sunday May 22, 2016, while walking westbound on Burbank Drive near its intersection with Gardere Lane, after being struck by a westbound 1998 Kawasaki motorcycle.

Louisiana law requires that when sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the highway or its shoulder, facing traffic which may approach from the opposite direction. La. R.S. 32:216. Louisiana law also requires every driver to exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a highway. La.R.S. 32:214.

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Super Lawyers 2016 selected every member (Kirk A. Guidry, Randy A. Piedrahita and B. Scott Andrews) of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews L.C. for inclusion in the 2016 Louisiana Super Lawyers list in the practice area of Personal Injury.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Dué Guidry Piedrahita Andrews L.C. and all firm members also enjoy the prestigious AV Rating from Martindale-Hubbell and have been recognized by Best Lawyers® and U.S. News – Best Law Firms®.

Judge John deGravelles.jpgCongratulations to Judge John W. deGravelles. Judge deGravelles was recently sworn in as United States District Judge for the Middle District of Louisiana. Judge deGravelles is a judge we can all be proud of!

Judge deGravelles graduated in 1974 from the LSU Paul M. Hebert Law School as a member of the Order of the Coif (graduating in the top 10% of his class). Judge deGravelles was a partner at deGravelles, Palmintier, Holthaus & Frugé LLP (and its predecessor firms) for more than 25 years. He was a solo practitioner from 1986 to 1987, and from 1974 to 1986, Judge deGravelles worked at the law firm of Dué, Dodson, deGravelles, Robinson & Caskey (and its predecessor firms), where he became a partner in 1976.

Paul H. Dué of the Baton Rouge, Louisiana personal injury law firm of Dué, Guidry, Piedrahita & Andrews proudly served on Judge deGravelles’s investiture committee.

Before the medical review panel was convened, Baton Rouge, Louisiana medical malpractice lawyer,  Scott Andrews, settled a medical malpractice wrongful death case for $300,000.

A fifty year old father of two adult children, who was a heavy smoker with a history of heart murmur, hypertension/high blood pressure, cardiomegaly, high cholesterol and triglyceride levels, anxiety, COPD, and a family history of heart disease died from a 90% blockage of the left anterior descending coronary artery. During the months leading up to his death, the decedent presented multiple times to his treating family physician and internist in Zachary, Louisiana, with progressing symptoms of heart disease, including chest pains, shortness of breath and leg cramps/Charlie Horse. The doctor diagnosed mild CHF and prescribed Nitroglycerin on the last visit, which visit occurred on the day of the death. The Louisiana medical malpractice attorneys at Dué, Guidry, Piedrahita & Andrews alleged that despite these symptoms and an abnormal EKG finding, the treating physician failed to prescribe aspirin, to order a cardiac stress test and/or cardiac imaging, and to refer his patient to a cardiology specialist.
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