Louisiana · Medical Malpractice
Louisiana medical malpractice damage caps and statute of limitations
Refreshed 2026. $500,000 damage cap. 2 years from injury (effective July 1, 2024; previously 1 year). Full breakdown below.
Damage caps
LA Rev. Stat. § 40:1231.2(B)(1)Non-economic damages cap
None
Total damages cap
$500,000
Status
active
Notes
Total cap of $500,000 exclusive of future medical care costs (uncapped). Provider liability capped at $100,000; Patient's Compensation Fund covers excess up to $500,000. Applies only to qualified healthcare providers under the Medical Malpractice Act.
Statute of limitations
LA Rev. Stat. § 40:1231.8Standard SOL
2 years from injury (effective July 1, 2024; previously 1 year)
Discovery rule
Yes; runs from discovery of injury. Act 423 (2024) extended from 1 to 2 years.
Statute of repose
3 years from act or omission
Minor exception
Prescription (SOL) suspended during minority; runs from age 18 but subject to 3-year repose
Wrongful death SOL
2 years from date of death (previously 1 year, extended by Act 423)
Notes
Louisiana uses 'prescription' not 'statute of limitations.' Medical review panel required before suit. Act 423 (2024) was a significant change doubling the filing period.
Beyond the lookup: Louisiana venue intelligence
Med-mal attorneys filing in Louisiana use Medistill for the next layer: state-specific verdict distributions, closed claims studies by specialty, NPDB-derived settlement bands, expert witness rosters with Daubert history, and 150+ compliance sources per defendant provider. Free 50 credits to start.
Louisiana med-mal FAQ
What is the medical malpractice statute of limitations in Louisiana?+
2 years from injury (effective July 1, 2024; previously 1 year). Yes; runs from discovery of injury. Act 423 (2024) extended from 1 to 2 years. Statute of repose: 3 years from act or omission. Wrongful death: 2 years from date of death (previously 1 year, extended by Act 423). Louisiana uses 'prescription' not 'statute of limitations.' Medical review panel required before suit. Act 423 (2024) was a significant change doubling the filing period. Source: LA Rev. Stat. § 40:1231.8.
Does Louisiana have a medical malpractice damage cap?+
Total damages cap: $500,000. Total cap of $500,000 exclusive of future medical care costs (uncapped). Provider liability capped at $100,000; Patient's Compensation Fund covers excess up to $500,000. Applies only to qualified healthcare providers under the Medical Malpractice Act. Source: LA Rev. Stat. § 40:1231.2(B)(1).
How does Louisiana handle the discovery rule in med-mal cases?+
Yes; runs from discovery of injury. Act 423 (2024) extended from 1 to 2 years.
What is the Louisiana minor exception for medical malpractice?+
Prescription (SOL) suspended during minority; runs from age 18 but subject to 3-year repose
What is the wrongful death statute of limitations for Louisiana medical malpractice?+
2 years from date of death (previously 1 year, extended by Act 423)
Other state lookups
This tool is informational. It is not legal advice. Louisiana damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Louisiana attorney before relying on a deadline. Data refreshed May 2026.