Health Justice Transformation - Louisiana

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$500,000 cap on total damages, excluding damages recoverable for future medical care. A healthcare provider covered by the Patient's Compensation Fund shall not be liable for more than $100,000. The Fund will cover the excess amount awarded up to the cap.

Joint Liability for Multiple Defendants

Yes. Defendants are responsible only for their proportional share of negligence.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

No

Provisions for the Periodic Payment of Damages Over Time Fees

Yes, for payments paid by the state from the Patient Compensation Fund.

Limitation of Plaintiff’s Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Arbitration agreements between health care providers and patients are irrevocable and enforceable. For cases involving providers insured by the Patient Compensation Fund, a nonbinding medical review panel shall review the claim and issue a written opinion stating whether the defendant(s) failed to comply with the appropriate standard of care or if there is material issue of fact, not requiring expert opinion, bearing on liability for consideration of the court. If the panel determines the evidence does not support the conclusion that the defendant(s) failed to meet the standard of care, the panel must opine whether the conduct complained of was a factor of the damages and, if so, whether the plaintiff suffered a disability or impairment. The report shall be admissible as evidence but shall not be conclusive. Any member of the review panel may be called as a witness.

Standards for Expert Testimony/Witness

Expert testimony is required to establish negligence. For cases involving providers insured by the Patient Compensation Fund, determinations made by the medical review panel constitute expert testimony.