Louisiana Medical Malpractice Laws

Total damages against qualified providers are capped at $500,000 (exclusive of future medical care costs). The individual provider is liable for the first $100,000; the Patient's Compensation Fund (PCF) pays amounts between $100,000 and $500,000. Future medical care costs have no cap and are paid as incurred through the PCF. This cap has not been increased since 1975.

If a provider is NOT qualified under the LMMA, the $500,000 cap does not apply. The plaintiff may recover full damages and there is no mandatory medical review panel requirement.

Before filing a lawsuit against a qualified provider, a plaintiff must submit a complaint to a medical review panel consisting of 3 healthcare providers (in the relevant specialty) and 1 attorney (chairman, non-voting). The panel renders an expert opinion on whether the standard of care was met — admissible at trial but not binding. The process typically takes 12-18+ months.

Qualified providers who enroll with the PCF and pay annual surcharges receive protections: the $500,000 damage cap, mandatory medical review panel requirement, and PCF coverage for amounts above $100,000. Effective August 1, 2025, amendments broadened the definitions of "health care" and "malpractice" to include administrative and managerial actions necessary for delivering medical care.