Health & Medical in Louisiana
Key Louisiana Law
Louisiana Revised Statutes Section 9:5628 (Louisiana Medical Malpractice Act)
Louisiana's Medical Malpractice Act (La. R.S. §§ 40:1231.1-1231.8 and La. R.S. § 9:5628) requires malpractice claims against qualified health care providers to be filed within one year of the date of discovery, with an absolute three-year repose period.
View official statuteProcedural Details in Louisiana
Louisiana Agencies & Resources
Louisiana State Board of Medical Examiners
Licenses and disciplines physicians in Louisiana; investigates complaints about professional conduct.
Louisiana Patient's Compensation Fund
Administers the medical malpractice review panel process and excess judgment payments in Louisiana.
Louisiana Department of Health
Oversees hospital licensing and patient rights protections in Louisiana.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in Louisiana?
Louisiana provides a one-year prescription period (statute of limitations) from discovery of the malpractice under La. R.S. § 9:5628, with an absolute three-year repose period. Before filing suit, Louisiana requires submission to a medical review panel, which tolls the prescription period during the panel process.
What are Louisiana's damage caps in medical malpractice cases?
Louisiana caps total medical malpractice damages at $500,000 (exclusive of future medical care costs) under the Medical Malpractice Act. Individual providers are liable for up to $100,000; amounts above that are paid from the Patient's Compensation Fund. These caps apply only to qualified health care providers enrolled in the PCF.
What is Louisiana's medical review panel process?
Before filing a malpractice lawsuit against a qualified provider in Louisiana, claimants must submit the complaint to a Medical Review Panel consisting of three physicians in the same specialty. The panel reviews records and issues a non-binding opinion that is admissible at trial. The panel process tolls the prescription period while it proceeds.
How do I file a complaint against a doctor in Louisiana?
Complaints against physicians may be filed with the Louisiana State Board of Medical Examiners online or by mail at lsbme.la.gov. The Board investigates and may sanction, suspend, or revoke a physician's license. Board actions do not compensate patients.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Louisiana?
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