Louisiana’s Medical Malpractice Liability for State Services Act Cap on Damages

The MLSSA or Public Act provides a limitation or cap on recoverable damages for the injury or death of any patient of $500,000 plus interest and costs, exclusive of future medical care and related benefits (defined as all medical from date of injury) valued in excess of $500,000. 40:1299.39(F). The $500,000 cap on damages includes lost wages, or loss of earning capacity, or loss of support. All judgments or settlement shall include a recitation that the patient is or is not in need of future medical care and related benefits and the amount thereof. If the total amount of the recovery, less interest and costs, but including future medical is less than $500,000, judgment may be rendered and the claim paid. If the total amount of the recovery is greater than $500,000, exclusive of interest and costs, the claimant may make a claim to the office of risk management for ALL future medical care and related benefits without regard to the $500,000 limitation. The office of risk management is liable for reasonable attorneys fees to the claimant for unreasonable failure to pay for medical care within 60 days after submission of a properly substantiated claim. 40:1299.39(F)(8). Legal interest on a judgment will accrue as determined by R.S. 13:5112(C), from the date of filing the request for review. 40:1299.39.1(K).

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