Every state, including Louisiana, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. In Louisiana, the statute of limitations is one year.
For no reason can a medical malpractice action be brought forward after three years. The Louisiana Supreme Court deems three years appropriate due to the fact that some diseases have a latency of up to three years. Any wrongful death action must be brought forth within one year of the person's death. The statute of limitations period for those under the age of 18 (minors) and disabled persons is the same for adults and those without disabilities.
Costs, Requirements, and Limitations:
•Industry Average Cost of a Louisiana Medical Malpractice Insurance Policy: $5,890
• Is Medical Malpractice Insurance Required in Louisiana? Requirements are in place to qualify for state liability reforms.
• Minimum Carrying Requirements in Louisiana: The Louisiana Patient Compensation Fund provides $400,000 for each claim for qualified providers, as well as future medical expenses as they are incurred. Louisiana physicians must have insurance to cover the first $100,000 of any claim and to qualify for participation in the fund.
• What are the medical malpractice damage caps in Louisiana?The total damage cap is $500,000, with the only exception being future medical care costs. Amounts over $100,000 are paid from the Patient’s Compensation Fund.
• What is the “statute of limitations” for a medical malpractice complaint? 1 year, Louisiana Revised Statutes section 9:5628.