Louisiana

Statute of

 Limitations

 Medical Claim Generally:

The statute of limitations is “one year from the date of discovery of the alleged act, omission, or neglect; however, even as to claims filed within one year from the date of such discovery, in all events such claims shall be filed at the latest within a period of three years from the date of the alleged act, omission, or neglect.” [La. Rev. Stat. Ann. § 9:5628]

 Minors:

The general statute of limitations for medical malpractice claims applies “to all persons whether or not infirm or under disability of any kind and including minors and interdicts.” [La. Rev. Stat. Ann. § §9:5628]

 Wrongful death:

The wrongful death statute of limitations is one year after the date of death [La. Civ. Code § 2315.2]

 Damage Caps

Louisiana Revised Statute 40:1231.2 sets a $500,000 cap on damages in medical malpractice cases. Notably, this limit is applied per claim, regardless of the number of claimants in a case. Despite this limit, there are exceptions where damages may exceed this cap: (1) The cap does not limit a plaintiff’s recovery for future medical expenses; and (2) The cap is not applicable when the healthcare provider was not a qualified provider with the Louisiana Patient’s Compensation fund.

Attorney 

Fee Caps

Louisiana currently has no medical malpractice attorney fee caps

 Pre-suit   Requirements

Louisiana requires medical malpractice claims to be submitted to a panel so that the panel can “express its expert opinion as to whether or not the evidence supports the conclusion that the defendant or defendants acted or failed to act within the appropriate standards of care. After reviewing all evidence and after any examination of the panel by counsel representing either party, the panel shall, within thirty days, render one or more of the following expert opinions, which shall be in writing and signed by the 

 Expert  

 Qualifications

A medical expert must be “practicing medicine at the time such testimony is given or was practicing medicine at the time the claim arose,” have “knowledge of accepted standards of medical care for the diagnosis, care, or treatment of the illness, injury, or condition involved in the claim,” be qualified on the basis of training or experience to offer an expert opinion regarding those accepted standards of care, and be “licensed to practice medicine by the Louisiana State Board of Medical Examiners, … licensed to practice medicine by any other jurisdiction in the United States,” or be “a graduate of a medical school accredited by the American Medical Association's Liaison Committee on Medical Education or the American Osteopathic Association.” [La. Rev. Stat. Ann. § 9:2794(D)]

 Negligent Credentialing   Claims

The Louisiana Supreme Court held that negligent credentialing claims “cannot be a talismanic incantation that automatically excludes a plaintiff’s claims from the strictures of the LMMA. If that were so, all medical malpractice plaintiffs could sidestep the statutory limitations of the LMMA.” However, this “does not necessarily foreclose a future plaintiff from alleging negligent credentialing or re-credentialing claims against a health care provider that are not so intertwined with malpractice claims as to fall outside of the purview of the LMMA.” [Thomas v. The Regional Health System of Acadiana (2019)]