$3M cap pending for Louisiana medical malpractice,
Prognosis improves for
financially slighted victims
June, 2008 – News reports suggest that Louisiana’s 33-year-old $500,000 medical
malpractice cap will be raised during this legislative session.
“If the existing cap were adjusted for inflation, it would be close to $2
million today,” Rep. John Bel Edwards, D-Amite told Acadiana Medical News in
Lafayette.
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$3 million malpractice cap
Edwards said he introduced two bills that would tie the Louisiana malpractice
cap to the Consumer Price Index, and adjust the amount every year. The proposed
laws would also allow malpractice victims to sue for economic losses, including
loss of earnings and future earnings.
The pending bills seek an increase in the state’s medical malpractice caps.
Under the proposed law, providers will be responsible for the first $250,000 in
damages, rather than the current $100,000. The Patient’s Compensation Fund (PCF)
liability would be raised to $500,000; it’s now $400,000.
The new cap of $750,000 would be raised by $50,000 each year from 2010 to
2014, ultimately creating a $1 million cap. The total of all damages, including
future medical care and related benefits, would be capped at $3 million.
In addition, the medical review panel process will be eliminated. In order to
sue, a malpractice victim will have to produce a certificate of merit, which is
a letter from a practicing physician that says he or she believes malpractice
occurred. The physician/expert will also have to swear to that in court.
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