Benjamin P. Mouton

Benjamin P. Mouton

Partner, Head of Medical Malpractice
Location:
Baton Rouge, Louisiana
Phone:
225-250-1751
Fax:
225-344-3666
225-252-7302
Email:

Benjamin P. "Ben" Mouton has a general practice of civil law and focuses his law practice on personal injury, plaintiff's medical malpractice, physician errors, hospital negligence, nursing home negligence, prescription drug errors, wrongful death, brain injury, birth injury and legal malpractice cases.

Mr. Mouton was born in New Orleans and grew up in Lafayette. He graduated from the University of Southwestern Louisiana in 1987 with a major in business administration, petroleum land management. He earned a law degree from Louisiana State University in 1990 and immediately went into the private practice of law.

He joined the firm in October 2000 and has more than 21 years of experience as a trial attorney. He has a statewide practice in both state and federal courts. Ben is Board Certified in Medical Malpractice Law by the American Board of Professional Liability Attorneys (ABPLA) – one of only 13 attorneys in the state who have earned this distinction. He has also served on the organization's Board of Governors since 2010.

He is a member of the Louisiana State and Baton Rouge Bar Associations. Ben is a Double Century Club member, having donated 200+ hours of pro bono legal service in the Baton Rouge metro area. He is also a member of the American Association for Justice and the Louisiana Association for Justice (LAJ), as well as being a member in the Professional Liability/Medical Malpractice Sections of both organizations. In 2011, Ben was selected as a member of the Top 100 Trial Lawyers by the National Trial Lawyers.

Since 2008, he has served on LAJ's Legislative Committee. He is a past Chairman of the Medical Malpractice Section of LAJ. Also in 2009, he was nominated to serve on the Louisiana Health Care Commission by LAJ having served a two-year term. He is also a member of the LAJ Board of Governors beginning in 2010.

He is a frequent speaker to lawyers, judges, law students, adjusters and paralegals on such topics as medical malpractice, trial practice and medical records. He has also served as an expert witness in legal malpractice cases.

Trial Experience:

  • Lead (10) and Co-Counsel (6) in sixteen civil jury trials involving plaintiff medical malpractice claims.
  • Lead (5) and Co-Counsel (3) in eight bench trials involving plaintiff medical malpractice claims.
  • Lead (1) and Co-Counsel (1) in two civil jury trials involving plaintiff personal injury claims.

Other Litigation Experience:

  • Lead Counsel in numerous medical review panel proceedings in which the Panel rendered an opinion favorable to the claimant.
  • Lead Counsel in many successful mediation conferences involving plaintiff medical malpractice claims and plaintiff personal injury claims.
  • Lead Counsel in many bench trials/hearings involving plaintiff medical malpractice claims, plaintiff personal injury claims, child custody, child support, spousal support, community property partitions, boundary disputes and contract disputes.
  • Lead Counsel in many plaintiff medical malpractice claims, plaintiff personal injury claims, child custody, child support, spousal support, and community property partitions that were settled before trial with and without alternative dispute resolution.
  • Lead Counsel in several plaintiff medical malpractice claims filed as Federal Tort Claim Act actions in federal court.
  • Lead Counsel in 20+ hearings before Social Security Administrative Law Judges involving social security disability claims.

Year Joined Firm

  • 2000

Areas of Practice

  • Personal Injury
  • Plaintiff's Medical Malpractice
  • Physician Errors
  • Hospital Negligence
  • Nursing Home Negligence
  • Prescription Drug Errors
  • Wrongful Death
  • Brain Injury
  • Birth Injury
  • Legal Malpractice Cases

Certified Legal Specialties

  • Medical Malpractice Law , American Board of Professional Liability Attorneys , 2010

Bar Admissions

  • Louisiana, 1990
  • U.S. District Court Western District of Louisiana, 1990
  • U.S. District Court Middle District of Louisiana, 1990
  • U.S. District Court Eastern District of Louisiana, 1990

Education

  • Louisiana State University Law Center, Baton Rouge, Louisiana
    • J.D. - May, 1990
  • University of Southwestern Louisiana, Lafayette, LA, USA
    • B.S. - 1987
    • Major: Business Administration
    • Major: Petroleum Land Management
  • Louisiana State University, Louisiana - 1984

Representative Cases

Classes/Seminars

  • Speaker, How to Handle a Social Security Disability Case from A to Z, Baton Rouge Bar Association, Pro Bono Project, June, 2001
  • Co-Speaker, Medical Records for Paralegals, NBI, Inc. Paralegal Studies Institute, September, 2001
  • Speaker, Prescription Pitfalls in Louisiana Medical Malpractice, LTLA Winter Seminar, February, 2002
  • Speaker, How to do a Social Security Disability Case Beginning to End, BRBA, Pro Bono Project, August, 2002
  • Speaker, Medical Malpractice, BRBA, CLE by the Hour, December, 2002
  • Lecturer, Medical Malpractice, Medical Records and Social Security Disability
  • Guest Lecturer, Southern University Law School, Advanced Torts (Medical Malpractice), February, 2012
  • Co-Speaker, Dealing with the Patient's Compensation Fund, LTLA Medical Malpractice Section Meeting, February, 2003
  • Co-Speaker, The Future Course of Medical Malpractice in Louisiana, Baton Rouge Association of Women Attorneys, March, 2003
  • Co-Speaker, Witness Preparation, Baton Rouge Bar Association CLE by the Hour, December, 2003
  • Co-Speaker, Making Sense of Medical Cases in Louisiana: A Paralegal's Guide, NBI, Inc., Institute for Paralegal Education, August 2004
  • Co-Speaker, How to Get the Medical Records You Need in Louisiana, NBI, Inc., October 2004
  • Speaker, Witness Preparation, Baton Rouge Bar Association CLE by the Hour, December, 2004
  • Speaker, Witness Preparation, Louisiana Trial Lawyers Association, Updates for Louisiana Lawyers, January, 2005
  • Co-Speaker, Tackling Advanced Medical Malpractice Issues in Louisiana, NBI, Inc., June, 2005
  • Co-Speaker, Tackling Advanced Medical Malpractice Issues, NBI, Inc., June, 2006
  • Co-Speaker, Handling Medical Negligence Claims, NBI, Inc., December, 2006
  • Speaker, Witness Preparation, Baton Rouge Bar Association CLE by the Hour, December, 2006
  • Speaker, Witness Preparation, Louisiana Association for Justice, CLE a la Carte, December, 2006
  • Co-Speaker, A Medical Malpractice Refresher: Panels, Caps and the PCF, Baton Bar Association Bench-Bar Conference 2007, April 2007
  • Co-Speaker, Successful Medical Malpractice Suits, NBI, Inc., December, 2007
  • Speaker, Recent Developments from the Louisiana Supreme Court: Prescription vs. Peremption and The Relation-back Theory, Louisiana Association for Justice, CLE a la Carte, December 2007
  • Speaker, Recent Developments from the Louisiana Supreme Court: Prescription vs. Peremption and The Relation-back Theory, Louisiana Association for Justice, CLE Highlights for 2008, January 2008
  • Co-Speaker, Tackling Advanced Medical Malpractice Issues, NBI, Inc., September, 2008
  • Presenter, Medical Review Panels: Tips to Get a Favorable Opinion, LAJ Webinar, December 3, 2009
  • Speaker, Landmines in Medical Malpractice for the General Practitioner, Louisiana Association for Justice, CLE a la Carte, December, 2010
  • Co-Speaker, Medical Malpractice: Guide to Misdiagnosis Cases, NBI, Inc., August 2011
  • Presenter, Obstetrical Malpractice: Liability Issues in the Second Stage of Labor, American Board of Professional Liability Attorneys, Annual Meeting, San Diego, CA, June 2012

Honors and Awards

  • Martindale-Hubbell rating - BV®
  • Top 100 Trial Lawyers by the National Trial Lawyers

Professional Associations and Memberships

  • Louisiana State Bar Association, Member, 1990 - Present
  • Baton Rouge Bar Association, Member, 1990 - Present
  • Louisiana Trial Lawyers Association and LAJ, Member, 2000 - Present
  • LTLA Medical Malpractice Section, Member, 2000 - Present
  • Knights of Columbus, St. Jude Council, 1st Degree Member, 1999 - Present
  • Kappa Sigma Home Building Corp., President-Elect, 2002 - 2003
  • Kappa Sigma Home Building Corp., Secretary, 2001 - 2002
  • Kappa Sigma Fraternity, Alumnus Advisor, 1998 - 1999
  • Louisiana Association for Justice, Board of Governors, 2010 - Present
  • American Association for Justice, Member, 2003 - Present
  • BRBA, Family Law Section, Member, 1993 - 2000
  • BRBA, Pro Bono Project, Attorney, 1993 - 2000
  • Louisiana High School Mock Trial Competition, Baton Rouge Region, Second Round, Presiding Judge, March 6, 2009
  • Louisiana Association for Justice, Member, 2000 - Present
  • Louisiana Association for Justice, Medical Malpractice Section, Past Chairman, 2009 - 2010
  • American Association for Justice, Professional Negligence Section, Member, 2004 - Present
  • Louisiana Association for Justice, Medical Malpractice Section Legislative Committee, Member, 2007 - 2008
  • Louisiana Association for Justice, Medical Malpractice Section Legislative Committee, Member, 2008 - 2009
  • Louisiana Association for Justice, Legislative Committee, Member, 2009 - 2010
  • Louisiana Health Care Commission, Member, 2009 - 2011
  • American Board of Professional Liability Attorneys, Board of Governors, 2010 - 2012
  • Top 100 Trial Lawyers, The National Trial Lawyers, Member, 2011
  • Medical Malpractice Section, Chairman, 2009 - 2010

Past Employment Positions

  • James Don Thomas, II ALC, Associate Attorney, 1990 - 2000
  • LAJ's Legislative Committee, 2008
  • McGlynn & Glisson, APLC, Associate Attorney, October 2000 - December 2008

Pro Bono Activities

  • Baton Rouge Bar Association, Pro Bono Project, 1990 - 2000
  • Baton Rouge Bar Association, Pro Bono Century Club, 1994
  • Baton Rouge Bar Association, Pro Bono Double Century Club, 1997
  • Coach, Louisiana High School Mock Trial Competition, Baton Rouge Region, St. Joseph's Academy, 2009 - 2010
  • Coach, Louisiana High School Mock Trial Competition, Baton Rouge Region, St. Joseph's Academy, 2010 - 2011
  • Coach, Louisiana High School Mock Trial Competition, Baton Rouge Region, St. Joseph's Academy, 2011 - 2012
  • Host Team Committee Member, Capital Area Legal Services Corporation, 50th Anniversary Celebration, 2008

Fraternities/Sororities

  • Kappa Sigma