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Louisiana Medical Malpractice Cap and Statute of Limitations

LSA-RS 40:1231.2. provides in Paragraph B(1) that, “The total amount recoverable for all malpractice claims for injuries. to or death of a patient, exclusive of future medical care and related benefits as provided in R.S. 40:1231.3, shall not exceed five hundred thousand dollars plus interest and costs.”

Louisiana Malpractice Cap

Louisiana has a tough malpractice practice cap.  But the bigger problem for Louisiana malpractice lawyers is the hustle to get a case filed in one year.  We have a birth injury case in Louisiana and we must hustle far more quickly than usual.

Statute of Limitations Language

LSA – R.S. § 9:5628(A) provides that “No action for damages for injury or death against any physician, chiropractor, nurse, licensed midwife practitioner, dentist, psychologist, optometrist, hospital or nursing home duly licensed under the laws of this state, or community blood center or tissue bank as defined in R.S. 40:1299.41(A), whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought unless filed within one year from the date of the alleged act, omission, or neglect, or within 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.”

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