Louisiana (LA) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Louisiana.
Damage Cap
$500,000 total damages cap excluding future medical care and related benefits (applies to qualified healthcare providers under the Medical Malpractice Act)
Statute of Limitations
1 year from the date of the alleged act, omission, or neglect, or from the date of discovery
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.
Average Settlement
$150,000 - $400,000
Average Verdict
$250,000 - $900,000
Key Facts About Louisiana Medical Malpractice Law
- 1Louisiana'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.
- 2Claims against qualified providers must go through a mandatory Medical Review Panel before suit can be filed.
- 3Individual provider liability is capped at $100,000, with the Patient's Compensation Fund covering the remainder up to $500,000.
- 4Louisiana follows a pure comparative fault system.
- 5Louisiana is one of only a few states that follows civil law traditions, which affects procedural aspects of malpractice claims.
Need Help with a Louisiana Medical Malpractice Case?
If you believe you have a medical malpractice claim in Louisiana, it is important to act quickly. The statute of limitations in Louisiana is 1 year from the date of the alleged act, omission, or neglect, or from the date of discovery. Most medical malpractice attorneys offer free initial consultations.