Louisiana Medical Malpractice Laws

There is an overall limit on damages in the amount of $500,000 for which the defendant is responsible for $100,000 and the Patient’s Compensation Fund responsible for the balance. The statute of limitations is one year from the incident or reasonable discovery but no later than three years from the incident date. There is several liability but not joint liability. There is no limitation on attorney fees. There is no provision for periodic payments. There is provision for review of medical malpractice claims by a state medical review panel, which may be waived by agreement of all of the parties. Arbitration agreements in medical contracts between medical institutions and patients are deemed valid (except as provided by law). There is no requirement for an affidavit or certificate of merit. Experts must be practicing at the time of testimony or at the time of the incident.

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