Louisiana Medical Malpractice Laws

Compared with other injury-related legal claims, a medical malpractice lawsuit is usually a fairly complex undertaking. That's true in every state, not just Louisiana. For one thing, legal issues and medical evidence can get very complicated very quickly in these cases, and plaintiffs (the injured patients, or their legal representatives) need to understand special proof requirements.

But in Louisiana, plaintiffs also have to go through a complex medical review process before filing a lawsuit—and they need to request that review before the filing deadline. In this article, we'll look at the most important Louisiana laws that could have a big effect on a medical malpractice lawsuit.

Louisiana's Medical Malpractice Statute of Limitations

A statute of limitations is a state law that sets a limit on the amount of time you have to file a lawsuit after you've suffered some type of loss or injury. There are different deadlines depending on the kind of lawsuit you want to file.

Like a lot of states, Louisiana has a dedicated medical malpractice statute of limitations. Under La. Rev. Stat. § 9:5628.A (2025), an injured patient must file their lawsuit in court within one year from the date of the health care provider's negligent action (or failure to act).

Louisiana's Medical Malpractice Discovery Rule

When a patient doesn't know right away about the malpractice, Louisiana's medical malpractice "discovery rule" says the case must be filed within one year after they discovered (or reasonably could have discovered) it. If you want to rely on the discovery rule, you have the burden of proving that you didn't discover, and you couldn't have reasonably discovered, the defendant's negligence more than a year before you filed your lawsuit.

Importantly, you only have a limited amount of time to discover the malpractice. Under Louisiana's medical malpractice "statute of repose," your lawsuit must be filed not later than three years from the date of the malpractice. No matter how serious the medical error, and regardless of whether you had a reasonable opportunity to discover it, your lawsuit is barred if not filed within the statute of repose deadline.

Pausing the Filing Deadline

The "clock" for Louisiana's medical malpractice statute of limitations is paused (or "tolled" in legalese) when a plaintiff submits a request for review from a medical review panel, which the state requires in almost all medical malpractice cases before filing a lawsuit (more on that below).

What If You Miss the Filing Deadline?

What happens if Louisiana's statute of limitations deadline has passed, but you try to file your medical malpractice lawsuit anyway? The doctor or health care facility you're trying to sue will ask the court to dismiss your case. Unless there's an extension that gives you more time to sue, the court will grant the request. That means the end of your lawsuit and with it, your chance to collect compensation for your injuries.

Medical Review Panels in Louisiana

Before you file a medical malpractice lawsuit in Louisiana, you must submit your proposed complaint to a medical review panel and wait for an opinion from the panel on the validity of your claims. (La. Rev. Stat. § 40:1231.8 (2025).) This requirement applies unless:

• you previously agreed to binding arbitration of any disputes with the defendant health care provider (learn more about medical malpractice arbitration)
• the provider hasn't met the requirements for participating in the review process and Louisiana's patient compensation fund (discussed below), or
• both you and the provider have agreed to bypass panel review.

You must request this review before the statute of limitations deadline. Once you've submitted your request, the statute of limitations is suspended unless:

• you haven't paid the fee for the medical review ($100 per defendant) within 45 days after receiving confirmation that your request was received, and
• you don't qualify for a fee waiver.

Suspension of the filing deadline continues until 90 days after the panel:

• issues its opinion
• notifies you that the defendant isn't qualified for the review process, or
• dismisses your claim because the panelists weren't selected within a year.

Once any of these circumstances happens, you're free to file your lawsuit—as long as the filing deadline hasn't passed. The same is true if the panel doesn't reach an opinion within a year after the panelists were selected.

The Medical Panel's Review and Opinion

A medical malpractice review panel consists of three licensed health care providers, along with an attorney who manages the process. The injured patient and the defendant health care provider(s) submit evidence to the panel, such as medical records, reports from medical experts, and transcripts of depositions (when lawyers question witnesses under oath).

Based on its review of this material, the panel issues a report with its opinion as to whether the evidence supports a conclusion that the defendant failed to meet the appropriate standard of care. In the alternative, the panel can conclude that there's a significant factual question regarding liability for your injuries that must be decided by a judge rather than an expert. The report must include the panel's reasoning, as well as other detailed findings about the patient's injuries if the panelists believe the evidence points to a medical error.

If the plaintiff goes ahead with a lawsuit after the review process, panelists can be called to testify as witnesses during the trial, and the panel's report can be admitted as expert evidence. However, that doesn't necessarily mean the jury will agree with the panel's opinion.

Louisiana's Medical Malpractice Damages Cap

Like a lot of states, Louisiana "caps" medical malpractice damages. A cap is an arbitrary limit on the compensation a successful plaintiff can receive, even after a jury has heard all the evidence and found the defendant liable for medical malpractice.

Unlike most states with damage caps, Louisiana limits the total compensation available to a plaintiff, not just certain categories of damages (like those related to the patient's pain and suffering).

Specifically, La. Rev. Stat. § 40:1231.2.B(1) (2025) limits total damages 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.

One twist is that any amount over $100,000 usually must be paid by the Louisiana Patient's Compensation Fund, an insurance-type fund that covers all state health care providers (public hospitals and associated physicians), as well as private doctors and other health care providers who meet the eligibility requirements.

Get Help With Your Louisiana Medical Malpractice Case

Medical malpractice cases are among the most difficult, time-consuming, and expensive of all personal injury claims. It isn't the sort of case you want to try to handle on your own. If you're looking for more specifics on Louisiana's medical malpractice laws and how they apply to your potential case, it could be time to discuss your situation with an experienced medical malpractice attorney in your area.