Dedicated and Compassionate Birth Injury Attorneys Serving Clients Nationwide. Call us today at
(877) 262-9767 for a confidential consultation.
(877) 262-9767 for a confidential consultation.
Louisiana
- SOL for Medical Malpractice Claims (Minor Plaintiffs): 1 years
- SOL for Medical Malpractice Claims (Parental Claims): 1 years
- SOL for Wrongful Death Claims: 1 years
Louisiana Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)
1 year: La. Rev. Stat. Ann. § 9:5628: (A) 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. (B) The provisions of this Section shall apply to all persons whether or not infirm or under disability of any kind and including minors and interdicts.
Louisiana Statute of Limitations for Medical Malpractice Claims (Parental Claims)
1 year: La. Rev. Stat. Ann. § 9:5628(A): 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.
Louisiana Medical Malpractice Claim Caps
La. Rev. Stat. § 40:1231.2: 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. 40:1299.43, shall not exceed $500,000 plus interest and cost. Health care provider liability limited to $100,000. Any award in excess of all liable providers paid from Patient’s Compensation Fund.
Louisiana Statute of Limitations for Wrongful Death Claims
1 year: La. Rev. Stat. § 9:5628(A): 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.
Louisiana Wrongful Death Claim Caps
Not applicable for the state of Louisiana.
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Discuss Your Potential Birth Injury Claim With Our Attorneys
If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.