Louisiana R.S. 9:2794 – Mandatory Jury Charge on Burden of Proof in Medical Malpractice Actions

In Louisiana medical malpractice actions the jury shall be instructed that the plaintiff has the burden of proving, by a preponderance of the evidence (more probable than not), the negligence of the physician, dentist, optometrist, or chiropractic physician.

The jury shall be further instructed that injury alone does not raise a presumption of the physician’s, dentist’s, optometrist’s, or chiropractic physician’s negligence.

These instructions are not to be given if the doctrine of res ipsa loquitur is found by the court to be applicable. La.R.S. 9:2794(C).

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