Does Louisiana place a limit on damages in medical malpractice cases?
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.