North Carolina Woman Accuses Louisiana Doctor Of Malpractice

It’s a 15-hour drive from Louisiana to North Carolina, a long way home for Teresa Harmony who suffered a tibia fracture in Louisiana during the spring of 2013.

attaining legal counselAccording to Harmony, after a surgery that included an intramedullary rod and screws adjoined to her tibia, she traveled back home to North Carolina. Upon her return, Harmony suffered extreme pain and sought treatment. It was at this time that North Carolina physicians informed Harmony that the rod and screws had been incorrectly placed. Harmony went through several subsequent procedures to correct her previous surgery.

Late in 2016, Harmony filed a complaint against the Louisiana doctor that performed her surgery along with the hospital where the surgery took place.

Harmony is seeking more than $75,000 in damages to cover the cost of medical procedures, lost wages, as well as pain and suffering, all of which, she alleges, occurred after the first surgery in Louisiana.

Medical Malpractice in Louisiana

Medical Malpractice occurs when a medical professional causes harm to a patient as a result of incompetence or negligence. Medical malpractice cases may be filed against doctors not residing in a plaintiff’s home state.

In a case like Harmony’s, it is recommended to attain legal counsel in the state where the medical malpractice occurred—medical malpractice laws, statutes of limitations, and damages, vary on a state-by-state basis.

Medical malpractice lawyers in the state of origin will be the ones most capable of navigating their state’s respective laws and regulations.

Although states differ in how they handle medical malpractice cases, these types of claims are challenging to litigate across the board. Moreover, a patient’s displeasure with the results of a surgery or medical treatment doesn’t inherently translate to medical malpractice.

Nevertheless, Louisiana paid out more in medical malpractice cases than any other state in 2015.

Common Medical Malpractice Cases

medical malpractice

Surgical errors are a common type of medical malpractice. Errors during surgery include mistakes during the procedure itself, operating on an unaffected body part, or leaving surgical equipment inside a patient.

Post-surgery mistakes can also result in harm to a patient; this may include prescribing incorrect treatments or medications or failing to give the patient the proper information to ensure their care upon returning home.

More common than surgery errors are medication errors. Medication errors can occur for several reasons including accidentally swapping patient medications in a hospital, poor handwriting on a prescription form, or not knowing how certain medications may interact with others.

It has been estimated that prescription drugs account for more than 200,000 deaths in the United States every year. This number seems high, but not when nearly 70% of Americans are taking at least one kind of prescription medication.

Preparation of a Medical Malpractice Case

If you suspect medical malpractice, there are a couple steps you can take to make assessing a medical malpractice case a little easier.

  1. Obtain any medical records/bills relating to the injury, information on the medical professional that caused the harm, as well as any records pertaining to treatments, surgeries, or medications that were necessary to correct the harm.
  2. Make a complete record from your memory. The sooner you write this down the better, as time can erode one’s memory from important details pertaining to the facts of a case.

Tony Tramontana - Medical Malpractice AttorneyMedical malpractice can have profound effects on a patient’s quality of life, as well as their lives of their family. This is why it’s important to seek qualified legal representation that understands the sensitivity of these cases as much as the laws that determine the validity of a medical malpractice case.

If you have any questions about medical malpractice or injury caused by a negligent doctor or medical professional, we at the Monroe law office of J. Antonio Tramontana, Attorney at Law, want to hear from you.

For a free case review, please fill out the form to the right, or call me directly at (888) 982-1290.

A Campaign to Reduce Fatal Accidents in Louisiana

fatal accidents from 2014-2016From 2014 to 2016, more than 90 people were involved in fatal accidents in Tangipahoa Parish. That statistic, according to a campaigner working to reduce the number of avoidable deaths, is too many, and indicates that change is needed in Louisianans’ driving habits.

Donna Miller, Tangipahoa Parish President Robby Miller’s wife, is a local businesswoman who approached former state police trooper Ron Whittaker regarding the unfortunate number of fatal vehicle crashes. She was particularly concerned with the number of tragedies involving young victims, who are grossly over-represented in car crashes that lead to death.

Whittaker lives in Hammond and he spoke to the Hammond Kiwanis Club recently about Miller’s concerns. He addressed the Stop the Knock campaign, a large campaign in neighboring Mississippi, which would hopefully stop that knock on the door when police officers have to tell a family their loved one has died in an accident.

3 Deaths in 10 Days Prompts Campaign

Miller sought out Whittaker’s assistance in her campaign after hearing of 3 Louisiana residents who died in car crashes, in just a 10-day period. All of the accidents during this short time had alarming similarities. They involved youth driving on 2-lane narrow roads, the drivers were speeding, and 2 of the 3 victims weren’t wearing seatbelts.

Stop the Knock Strives to Educate on Avoiding Fatal Accidents

“We’ve got to stop that knock,” Whittaker told the attendees of the Kiwanis meeting. Miller was supposed to join Whittaker at the presentation, but she couldn’t, ironically. She was at a funeral for former NFL player and Mayor of the Village of Tangipahoa, Michael Dywane Jackson Dyson, who was killed a few days earlier in a fatal vehicle accident.

Two residents of Hammond died earlier that week, in separate accidents; the victims were just 18 and 32 years old. Miller’s campaign hopes to put an end to these types of fatal accidents that result in lives taken way too early.

Stop the Knock involves talking to civic groups and leaders about the top causes of fatal car crashes. It attempts to educate those with the power to pass laws and influence others, teaching them how to help reduce fatalities by an auto accident.

Leading the Way to Safer Driving

Whittaker’s talk with the Kiwanis club urged leaders of the group to encourage young people to drive defensively, to avoid distractions, and to always wear a seatbelt. She also hoped to reinforce how important it is to never drive impaired. Tangipahoa Parish has several ways for drinkers to get a ride home, including Your Ride, Our Driver, LLC., a company started by off-duty police officers that provides professionally-driven rides through a booked service.

Distracted Driving: One of the Biggest Causes of Car Crashes

Texting, talking, and eating while driving are all forms of distracted driving—one of the leading causes of fatal accidents. Whittaker says that young people who have more than 3 other youths in the car quadruple the odds of getting into a car crash.

What else makes for a dangerous driving situation?

  • Driving too fast on Tangipahoa’s narrow rural streets, or any road, is another top cause of fatal car accidents.
  • Driving while impaired by alcohol or drugs – legal or illegal – is extremely hazardous.
  • Distracted driving can lead to death – for the driver and others.

There are serious consequences, personal and legal, for anyone who chooses to drive in an unsafe manner.

If you’ve been the victim of someone who has not driven responsibly and who has caused you injury from a car accident, my team of attorneys at The Law Offices of Tony Tramontana would like to talk with you. Fill out the contact form on this page and we’ll be in touch.

US 90 Through South Louisiana is Named State’s Most Dangerous Highway

A recent study has identified US 90 running through South Louisiana as the most dangerous highway in the entire state, also reportedly the 13th most dangerous highway in the country.

In the study, which business fleet and transportation consulting firm Geotab released to the public, data compiled by the Federal Highway Administration and National Highway Traffic Safety Administration was combed through to reveal the most dangerous highways. All highways considered were given a “Fatal Crash Rate” as determined by examining the number of deadly crashes occurring on the road while also adjusting numbers for daily traffic figures.

US 90 Sees Average of 27 Fatal Crashes Per Year

The Geotab study data shows that US 90 sees an average of 27 deadly crashes each year.

Lafourche & Terrebonne parishes crash statisticThis unfortunate number is a bit difficult to break down by parish, but news articles in databug.com archives point to the majority of crashes occurring in Iberia, St. Charles, and St. Mary parishes.

CEO of Gray’s South Central Planning and Development Commission, Kevin Belanger, says lack of controlled access onto Highway 90 is the reason for so many deadly crashes.

He notes that there are access points all over US 90, with people entering the road from all of the points, and most of the collisions are due to sudden braking. Rear-end collisions and side collisions are common as people turn onto and enter the roadway.

Politicians and Businesses Push to Upgrade US 90

Local politicians and businesses have pushed for years to get US 90 upgraded to current interstate standards. They’ve advocated for the revamped highway, which would be called I-49 South, to have limited access in order to ease travel between New Orleans and Lafayette.

CDM Smith and Regional Economic Models recently conducted a study for the Community Foundation of Acadiana that mostly focused on Lafayette; they projected upgrading the stretch of roadway from Raceland to Des Allemandes would cost about $150 million. This proposed highway upgrade is estimated to be completed by 2023. Additionally, a proposed upgrade to Interstate 310 in St. Charles Parish would cost $838.5 million and not be completed until 2021.

Gray section of highway crash statisticAll of these proposals are considered rather optimistic since the United States federal government and the Louisiana state government are currently lacking in source money to complete such projects. Regarding US 90, State Police Troop C reports:

  • Over the past 4 years, the section of highway that runs through Gray has seen about 1 or 2 fatal crashes annually.
  • Within the past 4-1/2 years, Lafourche and Terrebonne parishes have seen an average of 7 deadly crashes per year.

Until these sections of roadway are updated, drivers must be careful when entering the highway and while driving on it. Distracted driving must be quelled and all drivers must understand that their concentration on the road is required at all times. Any slip in attention while driving, especially on US 90, can lead to injury or fatality for a driver and others on the interstate.

Any Highway Can Be a Dangerous Highway

If you’ve been a victim of a distracted driver or negligent driver accident in Louisiana, fill out the form on this page to contact the Law Offices of Tony Tramontana. We’d like to hear your story and let you know how we can help.

 

 

Bills Increase Louisiana Malpractice Cap & What It Means To You

Just a few months ago, the Louisiana’s House Civil Law and Procedure Committee sought to take an “all-encompassing look” at laws that govern malpractice in the state. This intended action effectively put a hold on a pair of measures that would increase Louisiana’s $500,000 economic damage medical malpractice cap. For the rest of the state’s 2017 legislative regular session, the bills will not be addressed for passing, instead, they will be reviewed out of session in a broader context.

What Would HB 526 Change for You?

Lawmakers and stakeholders in the 2 bills, including physicians and personal injury attorneys, will look over House Bill 526 and House Bill 51, to determine if the issues raised in the measures justify adjusting the cap on jury awards, which is currently $500,000. The bills raise many questions related to the necessity of changes in terms of a monetary cap and filing time.

What Would HB 526 Change? Raising the medical malpractice cap

HB 526 Would Extend Time to File Medical Malpractice Suit

Right now, plaintiffs have 12 months after the discovery of a medical malpractice incident to file their lawsuit. HB 526 would extend that filing time to 18 months. The measure would also increase the amount of time between the incident and the latest point of allowable filing, from 3 years to 5 years.

New Bill Addresses Cap on Medical Malpractice Awards

The bill would adjust the current cap on recoverable damages as well, getting rid of the cap in place right now of $500,000 with a $350,000 maximum awarded for non-economic damages. The cap would be replaced with a new maximum award that better represents the “actual cost of past and future medical care and related benefits.”

How Would Changes in the Medical Malpractice Cap and Filing Limits Play Out in the Real World?

Minden resident Corey Shadd’s grandmother died due to a misdiagnosis. He testified in favor of the new legislation, stating that the current medical malpractice cap is 43 years old and needs to be changed.

Shadd equates medical malpractice with the need to return something defective from a department store. He reasons that when you bring back a broken product, you’re refunded in full for the actual price you paid. However, there are often far more dire consequences of a defective “product” when it comes to medical malpractice, well beyond the original price of the procedure.

Rep. Tanner Maggee (R-Houma) has concerns about Shadd’s suggestion that there should be no time limits on demanding compensation for what is essentially a faulty service. Maggee questions Shadd’s insinuation that:

  • Time constraints on filing are “stringent”
  • A change to the cap on recoverable damages is needed

HB 526 would also alter the current medical review panel’s makeup. Current law states that the panel’s reviewers must come from the same specialty or class as the defendant doctor. The new measure would limit the panel to just one specialist and it would ensure that no other members are people that the physician went to school with or live near (within a 100-mile radius).

Current Medical Malpractice Cases Aren’t Impacted

Until any bills are passed, Louisiana’s medical malpractice award and filing time caps remain the same. To understand how a change in these caps would affect any litigation that may be currently ongoing should the measure’s pass, it’s best to speak directly with your attorney.

Right now, the introduction of the bills and the Committee’s delay serve to bring attention to matters that many think deserve greater investigation. But, until anything changes, plaintiffs in Louisiana medical malpractice cases are subject to laws that do include strict filing times and award limits.

If you feel you have a medical malpractice case that you would like a Personal Injury Attorney to look into, fill out the contact form on this page and someone from the office of Tony Tramontana Law will be in touch with you promptly.

 

Video courtesy of Nola.com.

New Study Says Louisiana is Stressed Out

Louisiana certainly has its share of leisure and entertainment activities, and it is well-known for its live music and street festivals. However, a new study shows that people who live in the state are generally stressed out.

WalletHub recently ranked all U.S. states according to a stress survey it created, which compiled results and gave a score to each state based on factors focusing on 4 areas: work-related stress, money-related stress, family-related stress, and health and safety-related stress.

Alabama came in first with a stress score of 56.91. Louisiana came in second with a score of 56.22.

Source: WalletHub

What Are People Generally Stressed Out About?

What are People Stressed Out About?

Stress levels reached their lowest in an entire decade in 2016. But, there’s some disturbing news regarding today’s stress climate. This year, we’ve seen stress go back up and it encompasses many areas of life. While 10 years ago stress may have been mostly related to work and money, today it is mostly caused by anxiety over election results, our current social and political climate, fear of violence, and the future of our country.

So, what exactly are people in Louisiana stressed about? The WalletHub survey took 33 elements into account, including but not limited to:

  • average commute to work,
  • hours worked per week,
  • housing affordability,
  • bankruptcy rate, and
  • suicide rate.

Their data showed some concerning information about stressful situations among our state’s residents; however, they also offered some useful expert tips on how to reduce stress.

These tips are absolutely relevant to Louisiana citizens. Less stress in our lives can mean fewer accidents and injuries due to the distraction of stressful thoughts and feelings. Reducing stress is a positive path toward health on many levels.

How Does Stress Affect Louisiana?

Louisiana’s stress score of 56.22 on the WalletHub survey doesn’t bode well for our state’s residents. The following are some of the survey’s findings, which likely contributed to Louisiana’s high stress score.

The state of Louisiana ranked:

  • 4th in the U.S. for the highest percentage of adults that were in poor or fair health
  • 4th in the U.S. for the highest divorce rate
  • 4th in the U.S. for the lowest credit score
  • 3rd in the U.S. for the highest percentage of people living below the poverty line
  • 1st in the U.S. for the fewest number of psychologists per capita

In contrast, the state of Minnesota came in on the WalletHub survey as the least stressed out state, with a score of 31.07.

Louisiana residents overall ranked family-related stress highest, followed by money-related stress, health- and safety-related stress, and finally work-related stress. The WalletHub findings showed that northern states generally have lower stress levels. Minnesota, North Dakota, and Iowa are the least stressed states, according to the survey.

Interestingly enough, the survey broke down data to rank states based on things like “Most Average Hours Worked per Week” and “Lowest Job Security,” and Louisiana did not rank in the top 5 for either of these classifications. Yet, stress is still rampant throughout the state, presumably for other reasons.

Louisiana Stress Rankings

What the Experts Say About Stress

Experts say the best ways to cope with stress include doing simple things, such as connecting and spending time with an animal, playing with children, laughing, planning ahead, being disciplined with finances, avoiding over scheduling, and taking better care of oneself, physically and mentally.

Stress—prolonged and chronic stress in particular—is a lot for the body and mind to manage. It can lead to careless, reckless, and thoughtless behavior that may harm oneself and others by causing car accidents, mistakes and injuries on the job, and abuse.

Most of us could probably use a lesson in how to better manage stress. Some people, unfortunately, haven’t figured out how to do this very well, and they’ve caused injuries as a result. If you’ve been a victim of personal injury of any kind, stress-related or otherwise, contact the law office of Tony Tramontana for a free consultation today.

The 10 Most Dangerous States to Drive In

Even though fatal car crashes in the United States have decreased in number, traffic collisions remain a grave problem. It’s a promising sign that there were approximately 10,000 fewer accidents in 2014 than in 2004, but 32,675 people were still killed in auto accidents.

The Most Dangerous States Based on Fatalities

Across the country, for every 100,000 individuals in 2014, we saw 10.2 deaths. Where were the most fatal collisions? The most dangerous state for drivers is Wyoming, with 25.7 deaths occurring for every 100,000 residents.

Wyoming fatality statistic

Louisiana, unfortunately, did not escape the list of top 10 most dangerous states to drive in for 2014. However, it’s our hope that the community as a whole will work to improve these numbers and our dangerous road situations in the coming years, reducing unnecessary vehicle deaths. The following are the top 10, starting with the least dangerous: Louisiana.

10. Louisiana Louisiana

Louisiana saw 15.9 road deaths per 100,000 people. It had 737 total roadway fatalities, and 51% of all fatal crashes occurred on rural roads.

9. South Dakota South Dakota

In South Dakota, 15.9 people per 100,000 died in auto accidents on the road. In 2014, this state had 136 total roadway fatalities, and 85% of fatal crashes occurred on rural roads.

8. Alabama Alabama

Alabama had 16.9 road deaths per 100,000 citizens and 820 total roadway fatalities. The state saw 66% of fatal crashes occur on rural roads.

7. South Carolina South Carolina

Coming in 7th on the most dangerous states to drive in list, South Carolina had 17.1 road deaths per 100,000 people. The total roadway fatalities for 2014 came in at 824, but 90% of individuals in the state were wearing seatbelts.

6. Oklahoma Oklahoma

Oklahoma experienced 17.3 road deaths per 100,000 people in 2014, and it had 669 total roadway fatalities. An unfortunate 90% of the drivers killed had a blood alcohol content (BAC) of equal or greater than 0.08.

5. North Dakota North Dakota

North Dakota saw 18.3 road deaths per 100,000 people. But, it had the 4th highest percentage of fatal crashes on rural roads. 33% of drivers killed in roads in this state had a BAC of equal or greater than 0.08.

4. New Mexico New Mexico

In New Mexico, 18.4 road deaths occurred for every 100.000 people. 92% of residents use seat belts in New Mexico, and 64% of fatal crashes occur on rural roads.

3. Montana Montana

Montana’s residents aren’t wearing seatbelts like they should. Only 74% of people buckle up while driving, and 18.8 road deaths occurred per 100,000 people.

2. Mississippi Mississippi

Mississippi had the 7th lowest number of citizens wearing seatbelts, coming in at just 78%. For every 100,000 people in the state, there were 20.3 deaths. In Mississippi, 91% of fatal auto crashes occurred on rural roads.

1. Wyoming Wyoming

Wyoming is the worst state on the top 10 most dangerous roads list. There, 150 fatalities happened on roadways, a high 25.7 fatalities for every 100,000 residents.

What Louisianans Should Look Out For

There’s a trend with the states listed above. All of them have high numbers of fatalities occurring on rural roads. In general, these types of highways and streets are less safe than those in highly populated areas. Looking specifically at dangerous roads in Louisiana, we have several of concern:

  • I-59
  • I-10
  • I-55
  • I-20
  • And I-90

All of these interstate roads have ranked in a list of the deadliest highways in the U.S.

We want Louisiana residents to stay safe on our roads and stay off statistics lists. While it may take some time to make that happen, choosing not to drive distracted or while under the influence is a good start, as is wearing a seat belt every time you’re in a motor vehicle.

Don’t Hesitate to Contact a Lawyer

If you’ve been the victim of the actions of someone who wasn’t driving safe, Tony Tramontana Attorney at Law wants to help. Fill out the contact form on this page to get information on how to handle a personal injury situation involving a car accident.

Occupational Injuries and Fatalities: A State-by-State Analysis

According to the most recent census data and an economic news release by the Bureau of Labor and Statistics (BLS) of more than 4,600 occupational fatalities in 2014, Louisiana ranked 12th among all states, accounting for 120 fatalities caused by events or exposures pertaining to specific occupations.

120 Occupational Fatalities in LouisianaLouisiana Fatality Rate for occupational injuries

Of the 120 fatalities recorded, transportation incidents, harm caused by other people or animals, and falls or slips were the most common causes for these fatalities; other causes include fires and explosions, exposure to harmful substances, and contact with objects and equipment.

Compared to other states, Louisiana ranks high for occupational fatalities, but moderate to low for non-fatal occupational injuries. According to the BLS, Louisiana has the 7th highest fatality rate among all states, with 6.3 fatalities per 100,000 full-time employees.

Louisiana is outranked by occupational fatality rates in Wyoming (13.1), North Dakota (9.8), Alaska (7.8), South Dakota (7.2), Mississippi (7.1), and New Mexico (6.7).

States with the highest nonfatal occupational injuries and illnesses rates, which are calculated per 100 full-time employees, include: Maine (5.3), Vermont (5.1), Washington (4.7), and Montana (4.6).

Occupational Injuries Rates and Fatalities Rates by State

In the chart below, the state’s Nonfatal Occupational Injuries and Illnesses are calculated per 100 full-time employees, and Occupational Fatalities are calculated per 100,000 full-time employees.

(Note: Each state voluntarily elects to participate in the BLS Survey of Occupational Injuries and Illnesses (SOII) and the BLS Census of Fatal Occupational Injuries (CFOI). Some data was not available in states that chose not to participate in one or both surveys.)

State Nonfatal Occupational Injuries & Illnesses (per 100 FTE) Occupational Fatalities

(Per 100,000 FTE)

Most Fatal Industry in State 
Alabama  3.0 4.0 Agriculture, forestry, fishing and hunting
Alaska 4.0 7.8 Agriculture, forestry, fishing and hunting
Arizona 3.2 3.1 Agriculture, forestry, fishing and hunting
Arkansas  2.7 5.7 Agriculture, forestry, fishing and hunting
California  3.8 2.0 Agriculture, forestry, fishing and hunting
Colorado  N/A 3.3 Mining, quarrying, and oil and gas extraction
Connecticut  3.7 2.1 Transportation and utilities
Delaware 2.8 2.8 [1]Private Industry
 
District of Columbia 1.6 3.1  Private Industry
Florida N/A 2.7 Agriculture, forestry, fishing and hunting
Georgia 3.2 3.6 Agriculture, forestry, fishing and hunting
Guam 3.3 N/A N/A
Hawaii 3.8 5.0 Construction
Idaho N/A 4.7 Agriculture, forestry, fishing and hunting / Transportation and Utilities
Illinois 3.2 2.9 Agriculture, forestry, fishing and hunting
Indiana 4.0 4.4 Agriculture, forestry, fishing and hunting
Iowa 4.4 6.0 Agriculture, forestry, fishing and hunting
Kansas 3.7 5.5 Agriculture, forestry, fishing and hunting / Mining, quarrying, and oil and gas extraction
Kentucky 3.8 4.5 Agriculture, forestry, fishing and hunting
Louisiana  2.3 6.3 Agriculture, forestry, fishing and hunting
Main 5.3 2.9 N/A
Maryland 3.5 2.6 Construction
Massachusetts 3.3 1.7 Transportation and utilities
Michigan 3.7 3.3 Agriculture, forestry, fishing and hunting
Minnesota 3.7 2.3 Agriculture, forestry, fishing and hunting
Mississippi  N/A 7.1 Transportation and utilities
Missouri 3.3 3.9 Agriculture, forestry, fishing and hunting
Montana 4.6 4.9 Agriculture, forestry, fishing and hunting
Nebraska 3.6 5.8 Agriculture, forestry, fishing and hunting
Nevada 4.1 3.1 Manufacturing
New Hampshire N/A 2.6 Private Industry
New Jersey 3.3 2.1 Construction / Transportation and utilities
New Mexico 3.6 6.7 Mining, quarrying, and oil and gas extraction
New York 3.1 2.8 Agriculture, forestry, fishing and hunting
North Carolina 2.9 3.1 Agriculture, forestry, fishing and hunting
North Dakota N/A 9.8 Mining, quarrying, and oil and gas extraction
Ohio 2.9 3.6 Agriculture, forestry, fishing and hunting
Oklahoma N/A 6.2 Transportation and utilities
Oregon 4.0 3.9 Agriculture, forestry, fishing and hunting
Pennsylvania 3.6 3.1 Agriculture, forestry, fishing and hunting
Puerto Rico 4.1 N/A N/A
Rhode Island  N/A 2.1 Private Industry
South Carolina 3.0 3.3 Agriculture, forestry, fishing and hunting
South Dakota N/A 7.2 Construction
Tennessee 3.3 4.8 Agriculture, forestry, fishing and hunting
Texas 2.6 4.8 Mining, quarrying, and oil and gas extraction
Utah 3.3 4.2 Transportation and utilities
Vermont 5.1 3.2 Private Industry
Virginia 3.0 2.8 Agriculture, forestry, fishing and hunting
Washington 4.7 2.7 Agriculture, forestry, fishing and hunting
West Virginia 4.1 4.2 Mining, quarrying, and oil and gas extraction
Wisconsin 4.0 3.5 Agriculture, forestry, fishing and hunting
Wyoming 3.7 13.1 Agriculture, forestry, fishing and hunting / Transportation and utilities


All data from 
U.S. Bureau of Labor Statistics, Current Population Survey, Census of Fatal Occupational Injuries, 2016.

Occupational Injuries and Fatalities, by Industry

The type of work/industry a state’s population regularly engages influences occupational injury and fatality rates.

For example, Wyoming ranks 50th in the nation for population size, but has the largest percentage of workforce in mining and agriculture. The same is true of Alaska, where the population size is small compared to the percentage of workers in high-risk occupations, such as commercial fishing and logging.

The proportion of a workforce that is employed in these high-risk industries varies by state. This variation can help explain differences in fatal and non-fatal rates among states.

In Louisiana, workers in certain industries sustain nonfatal and fatal injuries at a much higher rate than the overall workforce; those industries include: agriculture, forestry, fishing, and hunting.

Your Options in Louisiana Regarding Occupational Injury

Occupational injuries often result in lost wages, costly medical expenses, and emotional suffering. What’s worse, a wrongful death caused by negligence, poor working conditions, or unsafe equipment can destroy the lives of an entire family.

Whether it’s a broken bone, burn injury, neck or back injury, or catastrophic event, know that legal representation is available for you and your family.

Work-related injuries or fatalities can be devastating to a family. If you have any questions about an occupational injury or fatality, or if you suspect wrongful death caused by an employer’s negligence, we at the Monroe Law Office of J. Antonio Tramontana, Attorney at Law, want to hear from you.

For a free case review, please fill out the form to the right, or call me directly at (888) 982-1290.

Access to Justice in Louisiana: What We Learned From Glenn Ford

Access to justice in Louisiana, particularly for poor or minority citizens, has been a problem for decades. Louisiana has consistently limited funding for public defenders and, as a result, has left thousands of defendants without proper representation.

To mitigate the judicial crowding, some parishes have ordered non-criminal lawyers to represent the indigent. In some cases, judges have called upon personal injury lawyers in Louisiana, or insurance or tax attorneys, to represent defendants in criminal trials, including murder cases where a defendant could face life in prison.

glenn ford murder in louisiana

The Life and Death of Glenn Ford

In 1984, Glenn Ford was convicted of murder in Louisiana. Ford spent almost 30 years on death row, in Louisiana’s Angola prison, until new evidence revealed he did not commit the murder. He was exonerated in 2014, but tragically died of lung cancer about a year later.

In a 60 Minutes interview from 2015, Bill Whitaker spoke to the prosecutor who sent Ford to prison: Marty Stroud from Shreveport, Louisiana.

Stroud admits the cards were stacked against Ford from the beginning; Ford’s court-appointed lawyers had never practiced criminal law.

“There were no African Americans on the jury,” explained Stroud. “So, when Glenn Ford walks into that courtroom, he’s got a count of zero and two against him, and a fast ball’s coming right at his head for strike three.”

Ford was sent to one of the most infamous lock-ups in America, Angola, a maximum-security prison known for harsh conditions, including summer temperatures that reached 104 degrees on the death row block.

According to Dale Cox, the current district attorney of Caddo Parish, Glenn Ford received “delayed justice,” but justice nonetheless.

According to Cox, the fear of putting an innocent man to death is a risk all of us must be willing to take in order to secure peace and an effective criminal justice system.

Compensation for the Wrongfully Accused

Glenn Ford was entitled to $330,000 in compensation for his wrongful conviction and mistreatment at Angola. The state is currently denying Ford’s family the opportunity to collect, after the Louisiana Supreme Court announced it would not consider the two lawsuits brought on by Ford’s family.

Last year, a state district judge ruled that Ford wasn’t eligible to receive compensation because “the trial evidence showed that he was involved in lesser related crimes.”

More specifically, it’s been alleged that Ford knew the robbery of the Shreveport jeweler, Isadore Rozeman, was going to take place and did nothing about it.

The state’s compensation law excludes compensation for anyone who committed any crimes based upon the same set of facts used in the original conviction, and allows a judge to consider any evidence regardless of whether it’s admissible or excluded from the criminal trial.

Moreover, exonerated individuals in Louisiana must prove their innocence in any related crimes in order to collect. This is in opposition to states like California, where the state pays without the need to prove innocence for any related crimes.

Ford was found to be an accessory to armed robbery after the fact; he was also found to have possessed stolen items relating to the same crime. Because of this, Ford’s 30 years on death row will not be compensated.

Improving Access to Justice

Louisiana Rep. Cedric Glover is currently fighting for improved access to justice in cases similar to Ford’s. Glover is attempting to revise Louisiana’s current compensation legislation, and will bring his second attempt forward some time next year (the first attempt was defeated).

According to Andrea Armstrong, who is managing Ford’s estate, “It is not the end of [Glenn’s] story…”

Access to justice is relevant to everyone in Louisiana, not just the wrongfully convicted. Everyone has the right to qualified representation, lest we forget what happened to Glenn Ford and his family.

If you have questions about obtaining access to justice, or a personal injury claim, we at the Monroe Law Office of J. Antonio Tramontana, Attorney at Law, want to hear from you.

For a free case review, please fill out the form on this page, or call me directly at (888) 982-1290.

Bicycle Laws in Louisiana: What Cyclists Need to Know

Riding a bike, especially on public roadways, is about more than learning to balance on two wheels: it’s something that drivers, as well as cyclists, must take seriously or risk injury or even death. To stay safe on shared roadways in Louisiana, cyclists should become fluent in the state’s bicycle laws to minimize risk to themselves, as well as others on the road.

Here’s an overview of Louisiana’s current bicycle laws, and important legal information, in the event that you are ever injured while riding a bike in Louisiana.
Louisiana bicycling laws

Bike Lanes and Sharing the Road

Cyclists over the age of 12 are not legally allowed to ride on sidewalks in Louisiana. Bike lanes are for the exclusive use of cyclists; you’ll often see them to the rightmost side of the roadway, and save a few exceptions, drivers are not permitted to enter these lanes.

Bicycles, cars, and trucks have to share the road. In fact, in Louisiana, bicycles are considered by law to be vehicles according to the statute that defines vehicles.  this means that a person riding a bicycle has all of the same rights and duties of the driver of a motor vehicle under Louisiana law.  According to state statute, every person operating a bicycle on a public roadway must ride as close to the right of the roadway as possible, whether there’s a bike lane or not. However, cyclists are free to leave the bike lane for all the following reasons:

  • When overtaking and passing another bicycle or vehicle proceeding in the same direction.
  • When preparing for a left turn at an intersection or into a private road or driveway.
  • When reasonably necessary to avoid fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lane or any other conditions that make it unsafe to continue along the right-hand curb or edge of the roadway.
  • When approaching a place where a right turn is authorized.

Similarly, motor vehicles may enter or pass through a bike lane in the following instances:

  • To prepare for a turn within a distance of two hundred feet from the intersection.
  • To enter or leave the roadway onto an alley, private road, or driveway.
  • To enter or leave a parking space when parking is permitted adjacent to the bicycle lane.

Note that motor vehicles MUST ALWAYS yield to cyclists, as well as electric mobility aids within the bike lane.

Moreover, in the state of Louisiana, a minimum of three feet must be maintained if a motor vehicle wishes to pass a cyclist going in the same direction. This is true whether the cyclist is in a designated bike lane or not.

Helmets and Hand Signals

Louisiana law requires a bicycle operator or passenger that is under the age of 12 years old to wear a bike helmet while riding a bike. The law also requires any passengers less than forty pounds, or less then 40 inches tall, to be secured in a retraining seat.

Just like motor vehicles, traffic signals are an important part of road safety. Cyclists are required to signal in the following ways:

  • Left turn—hand and arm extended horizontally, with the hand open and the back of the hand to the rear.
  • Right turn—hand and arm extended upward at an angle of forty-five degrees from shoulder or elbow, with the hand open and the back of the hand to the rear.
  • Stop or decrease speed—start—hand and arm extended downward at an angle of forty-five degrees from shoulder or elbow, with the hand open and the back of the hand to the rear.

These hand singles are not required if the safety of the cyclists requires both hands to control the bike.

The Bottom Line for Bicyclists

Even if everyone practices caution while sharing the road with cyclists, bicycle accidents still happen in Louisiana. Bicyclists face much higher risk of injury and death due to hazards on the road. If you have questions about a bicycle accident or personal injury caused while you were on a bike in northeastern Louisiana, we at the Monroe Law Office of J. Antonio Tramontana want to hear from you.

For a free case review, please fill out the form to the right, or call me directly at (888) 982-1290.

Common Causes for Claim in Elderly Abuse Cases

Louisiana ranks as the second worst state in America in terms of nursing home quality of care and the chances of elderly abuse rise significantly when such standards are low.

Louisiana also has the dubious distinction of being a state now plagued by elder abuse, which means lawsuits related to elder neglect or abuse have become more common as the standards of care dwindle.

Common causes for claim are linked to nursing home facilities maintaining only skeleton-thin staff, poorly trained staff, and poor facility essentials. It is because of these things that family and friends, as well as individuals within the care industry, must be vigilant to ensure elderly citizens are treated with dignity, respect, and the quality care they deserve.

That’s why I’d like to review some of the most common causes for claim in elderly abuse cases, and what to do in the event that you, or someone in your family, suspects improper care of a loved one.

Elderly Abuse Laws in Louisiana

Falls

Regular staff supervision helps protect elderly patients from accidental slips and falls, and ensures they receive timely care dependent on their particular medical needs.  Each facility is obligated to perform an initial fall risk assessment on each resident, to determine how likely they are to fall, and to then plan care accordingly.  after any fall, they are required to evaluate the circumstances and institute additional fall preventive measures.   Unfortunately, this very often does not happen, a resident is allowed to suffer additional falls and are often seriously hurt.

Pressure Sores (Bedsores)

Pressure sores, sometimes called bedsores, are the result of limited movement and are common after a patient becomes either bedridden or chair-bound. If left untreated, pressure sores can become infected, causing damage to the underlying tissue, bone, and internal organs.  Many bedsores are preventable, and  can be prevented by simply rotating the resident on a regular timed schedule.  Additionally, most bed sores will heal if properly and timely treated.  Unfortunately, limited or negligent staff often leave pressure sores untreated for extended periods of time, or may not treat them at all, commonly leading to infection of both the sore and eventually the entire blood stream (sepsis).  This is a common cause for elderly abuse cases in Louisiana.

Malnutrition

Malnutrition is an issue for most seniors whether they’re living in a nursing home or not. Malnutrition can be mild or severe, but can ultimately lead to health complications if left unchecked. As is the case with falls, malnutrition is often a result of few staff members being responsible for a large number of elderly patients. A malnourished senior is proof of elder abuse, and evidence that the nursing home is not fulfilling its legal obligation to its members.

Dehydration

As is true with malnutrition, monitoring water intake can be very challenging at a nursing home that is understaffed or poorly equipped. Water should be easily accessible, and caretakers should practice vigilance in monitoring seniors to ensure they’re getting enough daily fluids.

Wandering

Some elderly patients have special medical requirements, particularly those with forms of dementia like Alzheimer’s disease. Wandering is a common occurrence in these types of patients and requires special care to ensure they don’t accidentally put themselves in harm’s way.  These patients must be protected from injuring themselves, and from injuring other patients.

It is the responsibility of the nursing home to ensure wandering does not occur, or at least to minimize the risk of wandering with a plan or course of action should it occur. Some facilities do not have a plan in place, and this is why wandering has become a common claim in many elderly abuses cases.

While it is absolutely essential that family members be aware of these common types of claims.  Knowing what to do in the event of elder abuse is just as important.  The state of Louisiana has also established a hotline to call in  complaints and suspected cases:

If you have questions about nursing home abuse in Louisiana, or if you suspect a loved one may have been a victim of elder abuse, we at the Monroe Law Office of J. Antonio Tramontana, Attorney at Law, want to hear from you.

For a free case review, please fill out the form to the right, or call me directly at (888) 982-1290.