Florence Nightingale once said “if he has a bed sore, it is generally not the fault of the disease, but of the nursing.”  Physicians have tended to be passive participants in the care, treatment and prevention of pressure ulcers, routinely co-signing orders written by hospital-based wound-care nurses or home health nurses.  Realization of the costs associated with the treatment of pressure ulcers and recent requirements by third-party payors has prompted physicians to become more actively engaged in their prevention, identification, and care and treatment.


The recent opinion from the Fifth Circuit Court of Appeal of Matranga v. Parish Anesthesia of Jefferson, LLC[1] is a reminder for both Attorney Chairmen and practitioners regarding what should or should not be contained in a Medical Review Panel Opinion and the admissibility of the same at trial.


With summer, we can look forward to trips to the beach and lots of fun in the sun, sand, and waves.  Depending on when you were born, a ritual of teenage beach trips could have included a generous application of "tanning oil" and for those with a fair complexion, a full covering of pasty, white goop.  Things have changed quite a bit in the last several years.  


The following are synopses of notable holdings, some published and some not, rendered in 2016 by Louisiana appellate courts.


Two recent Court of Appeal’s decisions have come out which pertained to prescription. One decision out of the Second Circuit further erodes prescription and another decision out of the Fifth Circuit indicates that prescription is still alive and well in the world of medical malpractice.

Doug R. Kraus, Partner

The Supreme Court of Louisiana recently held that employees’ occupational noise-induced hearing loss (NIHL) claims qualified as “personal injury by accident” within the meaning of Louisiana’s Workers’ Compensation Act, such that the claimants’ employer was entitled to immunity from suit in tort, and that employees’ gradual noise-induced hearing loss as a result of their exposure to hazardous levels of noise constituted an “occupational disease” within the meaning of the Act.



In the nursing profession, teamwork means that team members work together for the purpose of meeting the patients' needs.  Every care discipline is an integral part of the treatment plan.  Improving the patient outcome is the common goal, and for success, teamwork is critical.


Amid a drinking water crisis in Flint, Michigan, lead toxicity has been an issue of great concern for many.  Rightly so, since lead exposure in children can affect developing brains even at low levels, leading to a plethora of complications later in life including lower IQ scores, hyperactivity, behavioral problems and learning disabilities. Exposure to higher amounts of lead can be detrimental, even life threatening.  With Flint’s water source now switched back to Detroit city water, and city, state and federal authorities working to tame the crisis, including the aging infrastructure of its underground plumbing system, a nation is hopeful for healing and recovery for the people of Flint. As we stand in solidarity, many of us may question our own lead exposure and efforts to contain potential health risks for our own New Orleans population.



The following are synopses of notable holdings, some published and some not, rendered thus far in 2015 by Louisiana appellate courts.



Academic publishing, the process of placing the results of one's research into current scientific literature, is a long and laborious road. Unlike the expeditiously published news article, substantive science may take months, even years, to develop.