Medical Malpractice Rules in Louisiana
The deadline to file a medical malpractice claim in Louisiana, the discovery rule, and caps on damages.
Short answer: A malpractice lawsuit against a licensed physician, nurse, dentist, hospital, nursing home or other listed health care provider must be filed within one year from the act or omission, or within one year from discovering it, but in all events no later than three years from the act or… La. R.S. 9:5628; La. Civ. Code art. 2315.2(F)
| Medical malpractice deadline | A malpractice lawsuit against a licensed physician, nurse, dentist, hospital, nursing home or other listed health care provider must be filed within one year from the act or omission, or within one year from discovering it, but in all events no later than three years from the act or omission. This rule applies to everyone, including minors and people under a disability. For a wrongful death claim based on medical malpractice, the period is one year from the death. |
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| Medical malpractice caps | Total recovery for all malpractice claims for injury to or death of a patient is limited to $500,000 plus interest and costs, not counting future medical care and related benefits. A health care provider qualified under the Medical Malpractice Act is personally liable for no more than $100,000; amounts above that, up to the cap, are paid by the Patient's Compensation Fund. Source: La. R.S. 40:1231.2(B) |
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FAQ
What is the statute of limitations for medical malpractice in Louisiana?
A malpractice lawsuit against a licensed physician, nurse, dentist, hospital, nursing home or other listed health care provider must be filed within one year from the act or omission, or within one year from discovering it, but in all events no later than three years from the act or omission. This rule applies to everyone, including minors and people under a disability. For a wrongful death claim based on medical malpractice, the period is one year from the death.
Is there a cap on medical malpractice damages in Louisiana?
Total recovery for all malpractice claims for injury to or death of a patient is limited to $500,000 plus interest and costs, not counting future medical care and related benefits. A health care provider qualified under the Medical Malpractice Act is personally liable for no more than $100,000; amounts above that, up to the cap, are paid by the Patient's Compensation Fund.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.