Louisiana · Medical malpractice · Updated
Medical malpractice cases in Louisiana: the rules and the lawyers
The deadline to file, the fault rule and the other Louisiana rules that matter for a medical malpractice case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Louisiana that take medical malpractice cases yet.
At a glance
Checked 6 Nov 2026 · Not legal advice
Deadline to file
1 year (3-year outer limit)
In Louisiana, a medical malpractice claim against a listed health care provider must be filed within one year from the alleged act, omission or neglect or within one year from discovery, and in all events within three years from the act, omission or neglect1.
That is the deadline for medical malpractice cases.
If you were partly at fault
51% bar (from Jan. 1, 2026)
In Louisiana, from January 1, 2026, if you are found 51% or more at fault, you can’t recover. If you are less at fault, what you get is cut by your share.
Firms we list
0 firms
None yet for medical malpractice cases.
Know this first
Step 1: Your deadline to file in court
We don’t show Louisiana’s deadline here until we have checked it against the official text. Ask a lawyer, or each firm you call, which deadline applies to you.
When the clock starts, and whether an exception applies, can depend on the facts. A lawyer can tell you your exact date.
If a government body was involved
Step 2: Claims against the state or a local government
If a government vehicle, government property or a public employee was part of what happened, a shorter notice or claim step may come first. Ask a lawyer about it early.
The law, as written
Claims against the state and political subdivisionsRequest service within 90 days
In Louisiana, in any suit naming the state, a state agency or a political subdivision (or an officer or employee), service of citation must be requested within ninety days of commencement of the action, or of the amended or supplemental petition that first names that defendant, unless the defendant waives it in writing2.
More detail
Check the local rules and any standing order for your court.
How fault is counted
Step 3: If you were partly at fault
51% bar (from Jan. 1, 2026)
In Louisiana, from January 1, 2026, if you are found 51% or more at fault, you can’t recover. If you are less at fault, what you get is cut by your share.
Louisiana allocates fault among everyone who caused the injury, parties or not, and each tortfeasor generally pays only its own share.
The law, as written
Fault model51% bar (from Jan. 1, 2026)
In Louisiana, under Civil Code art. 2323 as amended by Act 15 of 2025, a claimant whose negligence is equal to or greater than 51% recovers nothing, and a claimant below that is reduced in proportion to his own fault34. The enrolled act states that it becomes effective on January 1, 2026, and the compiled article credits Acts 2025, No. 15, §1, eff.
More detail
Before Act 15, Louisiana applied pure comparative fault.
If a doctor, hospital or clinic was involved
Step 4: Medical malpractice has its own limits
Claims against a doctor, hospital or clinic often have their own deadline and extra steps before filing.
The law, as written
Prescription — medical malpractice1 year / 3-year outer limit
In Louisiana, a medical malpractice claim against a listed health care provider must be filed within one year from the alleged act, omission or neglect or within one year from discovery, and in all events within three years from the act, omission or neglect1.
If they were a minor
Step 5: If the injured person is a child
The clock can run differently for a child’s claim.
The law, as written
Minors and interdictsRuns against minors
In Louisiana, prescription runs against minors and interdicts unless legislation establishes an exception5.
Next
Step 6: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. A lawyer licensed in Louisiana can tell you which ones apply.
- Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?
More Louisiana rules
This page keeps to the rules that matter most for a medical malpractice case. The Louisiana page has all of them.
Injured in Louisiana: all deadlines and rules
Other case types in Louisiana:
After a medical malpractice: the general guide
What to do if you think a doctor, hospital or clinic hurt you: get care, get your records, and learn the extra steps and short deadlines that medical-malpractice claims often have, state by state.
How to check a lawyer’s license in Louisiana
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take medical malpractice cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- La. R.S. 9:5628Read the source: La. R.S. 9:5628
- La. R.S. 13:5107Read the source: La. R.S. 13:5107
- La. Civ. Code art. 2323Read the source: La. Civ. Code art. 2323
- 2025 La. Acts No. 15 (H.B. 431)Read the source: 2025 La. Acts No. 15 (H.B. 431)
- La. Civ. Code art. 3468Read the source: La. Civ. Code art. 3468
This is general information, not legal advice.