Louisiana Jury Instructions: Primary Features of Medical Negligence Claims

The Louisiana legislature has created an extensive statutory scheme governing medical negligence claims brought against doctors who qualify as “health care providers” under the statute. Two primary features of this scheme are: (1) the mandatory submission of all claims to a medical review panel prior to any suit being filed, and (2) a limitation of $500,000 on the total amount of general damages and lost wages that can be recovered. LaMark v. NME Hospitals, Inc., 522 So.2d 634, 635 (La.App. 4th Cir.), writ denied, 526 So.2d 803 (La.1988).

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