Bill > SB212

This bill modifies Louisiana law regarding medical malpractice claims by adjusting filing procedures and the amounts recoverable. Specifically, it clarifies that the total recoverable amount for malpractice injuries, excluding past and future medical care and lost income, is capped at $500,000 per claimant, with provisions for this limit to be adjusted annually based on the Consumer Price Index (CPI-W) to account for inflation. It also reiterates that individual healthcare providers are not liable beyond $100,000 per patient, with any excess damages paid by the Patient's Compensation Fund. The bill introduces a new requirement for claimants to file a "certificate of merit" when initiating a lawsuit, which is an affidavit from the claimant or their attorney, or a qualified physician, stating that they have reviewed the case and have a good faith basis to believe malpractice occurred. This certificate must be filed within 90 days of all defendants answering, unless the claimant can show they were unable to obtain the necessary expert consultation in time to avoid the statute of limitations expiring. For future medical care, if a patient is deemed unable to manage awarded funds, the court will establish a trust for their benefit, with any remaining assets going to their heirs. The bill also repeals several existing sections related to the handling of future medical care and related benefits.

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https://www.legis.la.gov/legis/BillInfo.aspx?s=26rs&b=SB212&sbi=y