Providers who practice medicine in Louisiana owe patients a reasonable level of care. When they fail to provide reasonable care consistent with state standards, and patients are injured as a result, they may be liable under the Louisiana Medical Malpractice Act.
Medical malpractice typically includes negligent care from licensed healthcare providers. Negligence includes care that falls below the standards of care ordinarily practiced by reasonable and qualified providers. Under the Louisiana Medical Malpractice Act, the following types of negligent medical care are considered malpractice when they result in an injury to a patient:
Keep in mind that this list is not exhaustive: even if the type of alleged malpractice involved in your case is not listed above, you may still have a case. The law protects against negligence during any part of medical treatment, including injuries caused by non-clinical care.
One issue that could complicate your case is the involvement of state health care providers. These claims are handled under the Medical Malpractice Liablity for State Services Act, with some special considerations and process. While most of the rules are the same, it’s still in your best interest to get help from an experienced attorney if your malpractice case involved a state clinic or agency.
Under Louisiana law, there are strict time limits on negligence claims against health care providers. Typically, the Louisiana statute of limitations for filing suit against negligent providers is one year, with some exceptions. There are a few key cut offs that you should keep in mind:
While these rules may seem simple, there can be unexpected complications. To ensure your case is filed in time, you should work with a qualified medical malpractice lawyer.
Medical malpractice lawsuits follow special rules in Louisiana. Claims must first pass before a state medical review panel before legal action can proceed, with the stated intent being to prevent unfounded claims and provide expert opinions. While the judgment provided by the panel is not legally binding, it can be used as evidence in court. The panel typically consists of three healthcare providers with relevant specialities, as well as a non-voting attorney serving as legal advisor.
The medical review panel process can take quite a while to conclude, with many reviews taking as long as a year or more. While your claim is being processed, the statute of limitations on a medical malpractice action is paused. Once the panel’s opinion has been given, you may have a 90-day time limit to file a lawsuit.
Patients injured by healthcare providers may not be able to access compensation that reflects the full value of their expenses and suffering under Louisiana laws. The law places an absolute cap on compensation for malpractice at $500,000. This means that even if the cost of your lost wages, medical expenses, future medical care, and pain and suffering exceed $500,000, you will typically not be able to access a settlement worth more than that limit.
In addition, qualified healthcare providers are typically covered by the Louisiana Patient’s Compensation Fund. Under this legal protection, medical providers are only responsible for paying the first $100,000 of a malpractice settlement, with any remaining obligation covered by the state’s patient compensation fund.
In Louisiana, patients may be able to make malpractice liability claims, even if they were partly at fault for their own injuries. However, this rule changed drastically in 2026. Previously, personal injury victims could make claims even if they were 99% at fault for the injury, with their compensation being reduced proportionally to their fault. However, as of January 1, 2026, Louisiana has changed from a pure comparative fault to a modified comparative fault rule. What this means is that you will only be able to make a claim for injuries if you were less than 51% at fault for the incident.
This part of the Louisiana Medical Malpractice Act applies specifically to who qualifies as an expert witness in a medical negligence case. Under the law, experts must meet two primary requirements:
These requirements help ensure that experts actually have knowledge on the medical practice relevant to your injury, preventing both plaintiffs and defendants from hiring unqualified providers to argue falsely on their behalf.
When a medical practice or other healthcare provider makes a medication mistake, fails to make an accurate diagnosis, or provides substandard care, serious harm and complications can develop. This often leads to costly future medical expenses, with some cases involving disability or even wrongful death. When medical negligence occurs, it’s essential that you get help from an experienced medical malpractice attorney to protect your legal rights.
Here at Cardone Law Firm, we are proud to represent patients in claims against negligent healthcare facilities and providers. From accessing medical records to getting expert testimony from providers licensed and experienced in the involved medical specialty, our attorneys are ready to do what it takes to see your case through.
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