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
Date Written: January 20, 2017
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
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