Recent Louisiana News
June 2023 Newsletter
HCLA Pushes for Good Samaritan legislation in pandemic preparedness reauthorization As legislative hearings and markups were underway in Washington, D.C., earlier this month, the HCLA announced its support for including the language contained in the Good Samaritan...
Malpractice Lawsuits Over Denied Abortion Care May Be on the Horizon
A year after the overturning of Roe v. Wade, many physicians and hospitals in the states that have restricted abortion reportedly are refusing to end the pregnancies of women facing health-threatening complications out of fear they might face criminal...
March 2020 Newsletter
In this time of uncertainty and rapidly changing developments regarding the COVID-19 pandemic, we express our thanks and appreciation for those who continue to work at the front line of our health care systems. The HCLA and Protect Patients Now remain committed to...
Current Medical Liability Laws
| Damage Caps | $500,000 cap on total damages, excluding damages recoverable for future medical care. A health care provider covered by the Patient’s Compensation Fund shall not be liable for more than $100,000. The Patient’s Compensation Fund will cover the excess amount awarded up to the cap. |
| Joint Liability Reform | Damages may be several, joint, or solidary. |
| Collateral Source Reform | Modified collateral source. Recovery of medical expenses is limited to the amount actually paid. However, the court shall award to the claimant 40% of the difference between the amount billed and the amount actually in consideration of the claimant’s “cost of procurement.” |
| Attorney Fees Limited | No |
| Periodic Payments Permitted | Yes. For amounts paid by the state from the Patient Compensation Fund. |