Does Louisiana place a limit on damages in medical malpractice
Yes. Like most states, Louisiana limits the amount of
compensation that a medical malpractice plaintiff can receive, even after he or
she has been successful in a lawsuit and a jury has found the defendant liable
for medical negligence.
Louisiana is pretty unique among states in that it has
enacted a cap on the total amount of damages available to a plaintiff, not just
a limit on certain categories of damages. Louisiana limits total damages awards
to $500,000 in medical
malpractice cases, with the exception that costs of future medical care are
not subject to the cap.
The Louisiana Supreme Court has reviewed the
constitutionality of this cap -- and upheld it in the face of challenges by
medical malpractice plaintiffs -- as recently as 2012.
One twist to this cap is that any amount over $100,000 in
Louisiana will be paid out through the state Patient’s Compensation Fund, an
insurance-type fund that automatically
covers all state health care providers (public hospitals and associated
physicians), and includes private doctors and other health care providers who
have met certain eligibility requirements.
Get more information on Damages
in Medical Malpractice Cases.
by: David Goguen, J.D.