Louisiana’s Medical Malpractice Liability for State Services Act – Filing a Request for Review

The filing of a request for review with the Division of Administration shall suspend the time within which suit must be instituted against a state healthcare provider and all joint or solidary obligors until 90 days following notification by certified mail to the claimant or his attorney of the issuance of the opinion by the state medical review panel, or notification that the defendant healthcare providers is not covered by the MLSSA or after notice of dissolution of the panel or after dismissal of the complaint for failure to appoint an attorney chairman. 40:1299.39.1(A)(1)(d) & (A)(2)(a) & &(A)(2)(c) & (B)(3). The request for review, often entitled Petition to Empanel Medical Review Panel, must be filed with the Division of Administration with a copy submitted to the office of risk management, 40:1299.39(H), and shall contain, at a minimum:

1) request for the formation of a medical review panel
2) name of the patient
3) names of the claimants
4) names of defendant state healthcare providers
5) dates of the alleged malpractice
6) brief description of the alleged malpractice as to each named defendant state healthcare provider
7) brief description of the alleged injuries

40:1299.39.1(A)(1)(b). All claims and complaints submitted to a medical review panel shall also conform at a minimum to the requirements of Rules 8, 9, and 10 of the Federal Rules of Civil Procedure. 40:1299.39(E)(2).

Except for court approved paupers, either an affidavit of a physician attesting to the malpractice of each defendant healthcare provider must be filed, or a $100 filing fee per defendant state healthcare providers must be paid to the commissioner of administration within 45 days of the mailing of the confirmation of receipt of the request for review, or the request is invalid and without effect (also meaning that prescription is not suspended). 40:1299.39.1(A)(1)(c) & (d).

The request is deemed filed, and thus suspending prescription, on the date stamped in at the Division of Administration or the date mailed if sent to the commissioner of administration by certified or registered mail.