• Popular Recommendations

  • PEER
  • ultrasound
  • LLSA
  • sepsis

Louisiana

Recent Reforms Enacted (since 2003)  Strengthens expert witness qualifications, including a requirement that the court consider whether the witness is board certified or has substantial experience in an area of medical practice relevant to the claim.
Emergency Care Provision  None
Reform Elements In Law  $500K Total Cap except medical costs
Joint Liability
Periodic Payments
Pre-Trial Screening
Expert Witness
Patient Compensation
Fund (pays damages over $100K)
Constitutional Status of Reforms  2011- State Supreme Court vacated judgment of 3rd Circuit Ct of Appeals in Oliver V. Magnolia Clinic.  In the case involving NPs, the appeals court had ruled med mal cap unconstitutional for violating equal protection clause. The court remanded another constitutional challenge, Arrington v. Galen-Med, to a lower court in 2012 and cited its decision in Oliver.
Change in Insurance Rates  AMA reports at least one insurer raised rates as much as 25 to 40% in 2004.
Insurance Availability  Information not available.
Change in Physician Availability  Information not available.
Change in Cases Filed/Awards  275 paid claims in 2003 or 23.3 per 1000 active nonfederal physicians.  US avg. was 18.8 per 1000.  300 paid claims in 2005 or 25.4 per 1000 active nonfederal physicians.  US avg. was 17.1 per 1000. (Kaiser) 339 total number of paid claims for 2006 or 26.8 per 1,000 active, non-federal physicians. 282 paid claims in 2007.
LIVE CHAT
[ Feedback → ]