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Louisiana Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

La. Rev. Stat. Ann. §9:5628 One year from act or date of discovery, but no later than three years from date of injury.

Louisiana Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

RS §40:1299.42. $500,000 limit for total recovery. Health care provider liability limited to $100,000. Any award in excess of all liable providers paid from Patient’s Compensation Fund.

Limits on Attorney Fees

No limitations.

Periodic Payments

No applicable statute.

Patient Compensation or Injury Fund

RS §40:1299.44 et seq. Patient Compensation Fund. Physicians levied surcharge directly into fund for purpose of paying malpractice claims.

Medical or Peer Review Panels

RS §13:3715.3. Confidentiality of peer review records

RS §40:2205. Utilization reviews

RS §44:7. Confidentiality for public hospital committees