Medical Malpractice:

Louisiana

State: Louisiana

Link to State Law: Louisiana Code and Revised Statutes

The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Louisiana state law, contact an experienced attorney.

Statute of Limitations: 1 year from the injury or time or discovery but no more than three years from the time of injury. (RS §9.5628.1)

Minimum Qualifications of Expert Witnesses: A medical malpractice expert witness must be a licensed physician, specializing in the issue in question, practicing at the time of the claim, and having knowledge of the standards of care and treatment. (RS §9.2794)

Limitations on Monetary Damages: Total recovery is limited to $500,000. The liability of the healthcare provider is limited to $100,000. Patient’s Compensation Fund pays any awards in excess of all liable providers. (RS §40:1299.42)

Limitations on Attorney Fees: There are no limitations on attorney fees.

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