12/28/2024
Louisiana victims and families injured or killed by medical malpractice have far fewer rights or remedies than victims in any other state.
In the United States, 26 states have medical malpractice caps on damage awards to victims injured or killed by medical malpractice. Louisiana is one of those states.
Of those 26, only six impose caps that limit both economic and non-economic damages, known as a “hard cap”. Louisiana is one of those states.
Only 17 states require medical malpractice claims to be processed through a medical review panel before a lawsuit can be filed. Louisiana is one of those states.
Only 2 states have mandatory trust funds for future medical expenses awarded to medical malpractice victims, meaning victims are not given court awards for their future medical expenses. They are given to a state agency to administer. Louisiana is one of those states.
Only Louisiana and Indiana impose all three – damage cap awards, medical review panels and future trust funds. In Indiana, the healthcare providers liability is capped at $500,000.00 and their PCF is liable for up to $1.8 million in additional damages, excluding future medical expenses.
In Louisiana, since 1975, healthcare providers liability is capped at $100,000.00 and the PCF’s total liability is capped at $500,000.00, excluding future medical expenses.
No state caps a healthcare provider’s liability as low as $100,000.00, as Louisiana does.
Louisiana has the harshest, most restrictive medical malpractice laws in the United States.
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