Louisiana Medical Malpractice Lawyer Resources

State

Statutes of Limitation

Limits on Damage Awards

Pre-trial Screening and Arbitration

Louisiana

RS §9.5628. 1 year from act or date of discovery, but no later than 3 years from date of injury.

CC §2315.2. Wrongful death: 1 year from death.

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.

RS §9.4231.

Voluntary arbitration, considered binding and enforceable once entered.

Joint and Several Liability

Expert Witnesses

Louisiana Malpractice Attorney Fees

Patient Compensation or Stabilization Fund

CC §2324. Defendants are liable only for percentage of fault unless conspiracy to commit intentional or willful act.

RS §9.2794. Expert witness must be licensed physician trained in specialty at question, practicing when claim arose, possess knowledge of accepted standards of care and treatment.

No limitations.

RS §40:1299.44. Patient Compensation Fund pays claims over $100,000 up to $500,000. Physicians levied surcharge directly into fund for purpose of paying malpractice claims.