Hospital Infections in Louisiana
Average Settlement: $250,000 - $700,000 | Statute: 1 year from the date of the alleged act, omission, or neglect, or from the date of discovery
About Hospital Infections
Hospital-acquired infections, also known as nosocomial infections, occur when patients contract infections during the course of receiving treatment in a healthcare facility. These infections are often caused by failures in hygiene protocols, improper sterilization of equipment, or inadequate infection control measures. Hospital infection malpractice cases require demonstrating that the facility deviated from accepted infection prevention standards, directly causing the patient's infection and resulting harm.
Louisiana Medical Malpractice Laws
Statute of Limitations
1 year from the date of the alleged act, omission, or neglect, or from the date of discovery
Damage Cap
$500,000 total damages cap excluding future medical care and related benefits (applies to qualified healthcare providers under the Medical Malpractice Act)
Discovery Rule
Louisiana applies the discovery rule, but the claim must be filed within 1 year of discovery and no more than 3 years from the date of the act (statute of repose).
Pre-Filing Requirements
Claims against qualified healthcare providers must be submitted to a Medical Review Panel through the Division of Administration before filing suit.
Common Examples of Hospital Infections
- •Surgical site infections due to non-sterile operating conditions
- •Central line-associated bloodstream infections (CLABSIs) from improper catheter insertion or maintenance
- •Catheter-associated urinary tract infections (CAUTIs) from prolonged or unnecessary catheter use
- •MRSA or C. difficile infections spread through poor hand hygiene or contaminated surfaces
- •Ventilator-associated pneumonia from inadequate respiratory equipment care
- •Post-operative wound infections caused by failure to administer prophylactic antibiotics
Key Facts
- ✓The CDC estimates that approximately 1 in 31 hospital patients has at least one healthcare-associated infection on any given day
- ✓Hospitals are required to follow evidence-based infection prevention bundles, and failure to do so can constitute negligence
- ✓Infection control committee records, staff training logs, and hand hygiene compliance audits are discoverable evidence in these cases
- ✓Proving causation is often the most challenging element, as defendants may argue the infection would have occurred despite proper precautions
- ✓CMS publicly reports hospital infection rates, and facilities with rates significantly above the national baseline face stronger liability exposure
- ✓Some states have enacted specific hospital infection disclosure laws that require facilities to report infection data, which can be used as evidence
- ✓Louisiana's total damages cap of $500,000 excludes future medical care and related benefits, which are paid by the Patient's Compensation Fund with no cap.
- ✓Claims against qualified providers must go through a mandatory Medical Review Panel before suit can be filed.
- ✓Individual provider liability is capped at $100,000, with the Patient's Compensation Fund covering the remainder up to $500,000.
- ✓Louisiana follows a pure comparative fault system.
- ✓Louisiana is one of only a few states that follows civil law traditions, which affects procedural aspects of malpractice claims.
Victim of Hospital Infection in Louisiana?
Get a free case evaluation. Most medical malpractice attorneys work on contingency.
Calculate Your Settlement →Hospital Infections in Other States
Other Malpractice Types in Louisiana
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Louisiana.