Louisiana Medical Malpractice Wrongful Death Claims are Subject to a 3 Year Peremptive Period

In Guy v. Brown, 2011-0099 (La.App. 4 Cir. 7/6/11), 67 So.3d 704, the Louisiana Fourth Circuit Court of Appeal held that a wrongful death claim arising out of medical malpractice must be brought within the three year peremptive period set forth in La. R.S. 9:5628. Therefore, if the death occurs three years after the alleged medical malpractice and no claim was previously and timely filed by the wrongful death beneficiaries, the claim is forever time barred.

Contact Information