Medical malpractice in Louisiana
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
4
Causation and injury
The breach more likely than not caused a compensable injury, not merely a bad outcome.
Burden of proof
Preponderance of the evidence, usually with expert testimony on the standard of care.
A Louisiana fact pattern
Medical malpractice in louisiana.
Statute of limitations
1 years
La. R.S. 9:5628
One year from the act or from discovery.
Repose: 3 years.
- Three-year outer wall from the act. A medical review panel is how most files start. That is not extra years. This section did not become two years in 2024.