$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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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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