Louisiana Medical Malpractice Statute of Limitations | Time & Award Limits for Claims

Medical malpractice is the action or omission of action by a health care provider that incurs an injury or death of a patient.  The health care provider has the responsibility to perform the level of care that is normal in their community or that reasonably should be expected under the circumstances.  If they do not do so, they are liable to be charged with medical malpractice and face a civil suit for damages in court.  All states have a statute of limitations on such charges, which vary from state to state.  Louisiana generally requires that a medical malpractice suit be filed within 1 year of the negligent act.

Time Limits for Filing a Claim in Louisiana

Not only do the statutes of limitations vary by state, they also vary by type of suit.  For medical malpractice in the state of Louisiana, the statute of limitations is generally 1 year.  There are exceptions, called tolling, in which that statute can be put on hold.  The Louisiana statute of limitations can generally be tolled for those who do not immediately discover the malpractice and resulting injury.  Those victims have one year from the date of discovery, or not more than 3 years from the date of the negligent act, that caused the injury.  The statute of limitations for wrongful death suits is also one year in the state of Louisiana.

Negligence Laws

As of a 2005 Louisiana state law, the medical or insurance facility involved may investigate a malpractice injury, but their findings are not admissible in court.  In addition, expressions of sympathy by health care professionals are not admissible as evidence of liability.  Other elements of Louisiana negligence laws are found in the following table:

Award Limits in Louisiana

Due to recent reform laws, Louisiana has a $500,000 limit for total compensation recovery.  A health care provider’s liability is limited to $100,000.  All awards in excess of the legal limits are paid from the Patient’s Compensation Fund.

Legal Help

Medical Malpractice is an emotionally charged liability suit.  It is vital that victims seek outside legal expertise to insure that their case is based on more than emotion, and in fact, that there are sufficient facts to justify a case.  In addition, an expert can help obtain all the compensation to which a victim is entitled.  Finally, in order to be certain all laws, forms, and negotiations are performed according to Louisiana law, it is advisable to have a legal professional to ensure compliance.