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E.D. Louisiana July 11, 2023 No. 2:21-cv-01348Not cited
Sambula, 405 F.2d 291, 299 (5th Cir. 1968) (stating standard for vicarious liability for on-shore physician as “whether the ship was negligent in selecting and relying upon [the physician[“). 91 Randle, 911 F.3d at 285 (
be held vicariously liable for the negligence of a physician that the seaman chooses himself.”92 The Randle court reasoned, “As applied here, Crosby (the principal) had a nondelegable duty to provide adequate medical care to Randle
To the extent Cole also seeks to hold Oceaneering vicariously liable for the negligent actions of Pharma-Safe’s onshore physician, Dr. Robert Davis, in his Reply brief (R.
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E.D. Louisiana November 6, 2024 No. 2:24-cv-01944Not cited
Thus, a complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment.
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E.D. Louisiana February 9, 2023 No. 2:21-cv-01996Not cited
motion for summary judgment, Defendants point out that in order to establish a claim for medical malpractice in Louisiana, Ridl must establish by a preponderance of the evidence the standard of care applicable to the particular physician
, a violation by the physician of that standard of care, and a causal connection between the physician’s alleged negligence and his alleged injuries.
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E.D. Louisiana July 21, 2023 No. 2:22-cv-02877Not cited
Thus, a complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment.
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E.D. Louisiana August 22, 2023 No. 2:21-cv-01348Not cited
captain concerning the captain’s condition and treatment while he was on a voyage as a seaman, and the captain subsequently suffered a stroke after returning from the voyage.79 The captain asserted a maritime tort claim against the physician
based upon negligence, asserting that his condition worsened while he was at sea, and the Fifth Circuit held that the claim fell within the court’s admiralty jurisdiction “at least for the part of the negligence whose impact occurred
defendant’s vessel at sea when the treatment was provided.142 In addressing the negligence of the doctor, the Adams court held that, “Future Care (and, by extension, Dr.
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E.D. Louisiana August 21, 2023 No. 2:17-cv-04077Not cited
and contends that his resulting exposure to crude oil and dispersants caused a litany of health conditions.4 Plaintiff brought claims for general maritime negligence, negligence per se, and gross negligence against defendants.5
Jerald Cook, an occupational and environmental physician, to demonstrate that exposure to crude oil, weathered oil, and dispersants can cause the symptoms he alleges in his complaint.6 Dr.
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E.D. Louisiana August 21, 2023 No. 2:17-cv-04219Not cited
and contends that his resulting exposure to crude oil and dispersants caused a litany of health conditions.4 Plaintiff brought claims for general maritime negligence, negligence per se, and gross negligence against defendants.5
Jerald Cook, an occupational and environmental physician, to demonstrate that exposure to crude oil, weathered oil, and dispersants can cause the symptoms he alleges in his complaint.6 Dr.
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E.D. Louisiana August 21, 2023 No. 2:17-cv-04174Not cited
and contends that his resulting exposure to crude oil and dispersants caused a litany of health conditions.4 Plaintiff brought claims for general maritime negligence, negligence per se, and gross negligence against defendants.5
Jerald Cook, an occupational and environmental physician, to demonstrate that exposure to crude oil, weathered oil, and dispersants can cause the symptoms he alleges in his complaint.6 Dr.
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E.D. Louisiana August 21, 2023 No. 2:17-cv-03341Not cited
and contends that his resulting exposure to crude oil and dispersants caused a litany of health conditions.4 Plaintiff brought claims for general maritime negligence, negligence per se, and gross negligence against defendants.5
Jerald Cook, an occupational and environmental physician, to demonstrate that exposure to crude oil, weathered oil, and dispersants can cause the symptoms he alleges in his complaint.6 Dr.
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E.D. Louisiana August 21, 2023 No. 2:17-cv-04145Not cited
and contends that her resulting exposure to crude oil and dispersants caused a litany of health conditions.4 Plaintiff brought claims for general maritime negligence, negligence per se, and gross negligence against defendants.5
Jerald Cook, an occupational and environmental physician, to demonstrate that exposure to crude oil, weathered oil, and dispersants can cause the symptoms she alleges in her complaint.6 Dr.
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E.D. Louisiana August 16, 2023 No. 2:17-cv-04080Not cited
and contends that his resulting exposure to crude oil and dispersants caused a litany of health conditions.4 Plaintiff brought claims for general maritime negligence, negligence per se, and gross negligence against defendants.5
Jerald Cook, an occupational and environmental physician, to demonstrate that exposure to crude oil, weathered oil, and dispersants can cause the symptoms he alleges in his complaint.6 Dr.
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E.D. Louisiana August 24, 2023 No. 2:17-cv-03519Not cited
and contends that her resulting exposure to crude oil and dispersants caused a litany of health conditions.4 Plaintiff brought claims for general maritime negligence, negligence per se, and gross negligence against defendants.5
Jerald Cook, an occupational and environmental physician, to demonstrate that exposure to crude oil, weathered oil, and dispersants can cause the symptoms she alleges in her complaint.6 Dr.
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E.D. Louisiana January 6, 2025 No. 2:23-cv-06348Not cited
According to Lopez, Harvey Gulf released him to return to work too soon, and without obtaining a fit for duty release from the doctor. Id.
Lopez states three causes of action in this case: (1) Jones Act negligence; and (2) general maritime negligence and unseaworthiness and (3) a claim for maintenance and cure. Id. at 3-4.
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E.D. Louisiana November 17, 2022 No. 2:17-cv-04624Not cited
beginning in April 2010, and that through this work, he was exposed to crude oil and dispersants that caused a variety of health issues.5 Plaintiff brought claims for general maritime negligence, negligence per se, and gross negligence
Jerald Cook, an occupational and environmental physician, to demonstrate that exposure to crude oil, weathered oil, and dispersants can cause the symptoms he alleged in their complaint.7 Dr.
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E.D. Louisiana November 13, 2024 No. 2:24-cv-01748Not cited
. §§ 51:1404, et seq., (5) negligent misrepresentation, fraud, and detrimental reliance, (6) tortious interference with the patient- physician contract or relationship, (7) unjust enrichment, and (8) all other appropriate equitable
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E.D. Louisiana March 29, 2022 No. 2:21-cv-00482Not cited
Thus, a complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment. Id.
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E.D. Louisiana April 15, 2026 No. 2:23-cv-03351Not cited
He claims that he filed grievance complaints for more than 8 months but still did not get treatment because of the negligence by the CorrectHealth staff and doctors.
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E.D. Louisiana September 14, 2023 No. 2:17-cv-04381Not cited
was allegedly involved in cleanup or recovery work after the oil spill, and each contends that his resulting exposure to crude oil and dispersants caused a litany of health conditions. 4 Plaintiffs brought claims for maritime negligence
Jerald Cook, an occupational and environmental physician, to demonstrate that exposure to 2 The remaining defendants, Halliburton Energy Services, Inc., Transocean Deepwater, Inc., Transocean Holdings, LLC, and Transocean Offshore
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E.D. Louisiana September 14, 2023 No. 2:17-cv-03234Not cited
was allegedly involved in cleanup or recovery work after the oil spill, and each contends that his resulting exposure to crude oil and dispersants caused a litany of health conditions. 4 Plaintiffs brought claims for maritime negligence
Jerald Cook, an occupational and environmental physician, to demonstrate that exposure to 2 The remaining defendants, Halliburton Energy Services, Inc., Transocean Deepwater, Inc., Transocean Holdings, LLC, and Transocean Offshore
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E.D. Louisiana September 14, 2023 No. 2:17-cv-04368Not cited
was allegedly involved in cleanup or recovery work after the oil spill, and each contends that his resulting exposure to crude oil and dispersants caused a litany of health conditions. 4 Plaintiffs brought claims for maritime negligence
Jerald Cook, an occupational and environmental physician, to demonstrate that exposure to 2 The remaining defendants, Halliburton Energy Services, Inc., Transocean Deepwater, Inc., Transocean Holdings, LLC, and Transocean Offshore