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Statute of Limitations

A medical malpractice action for injury or death must be 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

Comparative or contributory negligence

Pure comparative negligence

Nature of accused's liability

a joint defendant is not liable for more than his degree of fault and is not jointly liable with any other person for damages attributable to the fault of such person

Law of contribution

N/A

Expert testimony standards

All claims are evaluated by a panel of physicians and a lawyer prior to going forward for trial.

Limits on compensation

No cap for those not insured by the state, there is however a $100,000 cap on health providers

Limits on attorney fees

None

Collateral Source rule enforced

Louisiana follows the collateral source rule, which provides that a defendant may not benefit, and an injured plaintiff's recovery may not be diminished, because of benefits received by the plaintiff from other sources

State and local health care providers immune from liabaility

Neither Louisiana nor its political subdivisions are immune from damages arising from medical malpractice

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability