Defending Against the Lost Chance Claim Lurking Within Plaintiff’s Petition; Lagniappe: How to Avoid Being Taxed with $155,000 of Plaintiff’s Costs

LADC Winter Meeting 2017

21 Pages Posted: 13 Jul 2017

See all articles by C. Bradley Jr.

C. Bradley Jr.

Bradley Murchison Kelly & Shea

Michael C. Mims

Bradley Murchison Kelly & Shea

Date Written: January 20, 2017

Abstract

This paper examines the latest standards applied by Louisiana courts regarding a plaintiff attorneys attempt to assert a medical malpractice action on the theory of loss of a chance of survival. The paper provides guidance for defense counsel on the best ways to combat a plaintiff's attempt to add a claim for lost chance of survival, particularly when plaintiff attempts to do so at a very late date.

The paper also examines the latest Louisiana law regarding a plaintiff's ability to recover costs following a successful jury verdict, and provides guidance to defense counsel on how best to minimize such recovery.

Keywords: medical malpractice, defense counsel, loss of a chance of survival, taxation of costs

Suggested Citation

Bradley Jr., C. and Mims, Michael C., Defending Against the Lost Chance Claim Lurking Within Plaintiff’s Petition; Lagniappe: How to Avoid Being Taxed with $155,000 of Plaintiff’s Costs (January 20, 2017). LADC Winter Meeting 2017, Available at SSRN: https://ssrn.com/abstract=2996618 or http://dx.doi.org/10.2139/ssrn.2996618

C. Bradley Jr.

Bradley Murchison Kelly & Shea

1100 Poydras St.
Suite 2700
New Orleans, LA 70163
United States

Michael C. Mims (Contact Author)

Bradley Murchison Kelly & Shea ( email )

1100 Poydras St.
Suite 2700
New Orleans, LA 70163
United States

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