Recent Louisiana News
September 2019 Newsletter
Longer statutes of limitation could invite in lawsuit abuse A challenge to Kentucky’s longstanding statute of limitations on medical liability lawsuit filings could open the door for additional litigation – and medical lawsuit abuse. A case is currently pending before...
December 2017 Newsletter
Year-end report sheds light on “Judicial Hellholes” The American Tort Reform Association (ATRA) end-of-year “Judicial Hellholes” report offers a public glimpse at the most unfriendly jurisdictions for those defending themselves against civil litigation, including...
High Court’s Contempt for Lawmakers’ Authority, Lawsuit Rackets Place Florida atop Latest ‘Judicial Hellholes’ List
WASHINGTON, D.C., December 5, 2017 – The American Tort Reform Foundation issued its 2017-2018 Judicial Hellholes® report today, naming courts in Florida, California, Missouri, New York, Pennsylvania, New Jersey, Illinois and Louisiana among the nation’s “most unfair”...
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. (1975) |
| Joint Liability Reform | Yes. Defendants are responsible only for their proportionate share of negligence. |
| Collateral Source Reform | No |
| Attorney Fees Limited | No |
| Periodic Payments Permitted | Yes, for amounts paid by the state from the Patient Compensation Fund. |