Louisiana
Medical Malpractice Laws in Louisiana (2026): Deadlines & Caps
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 8 primary sources cited on this page. How we verify our legal content
Medical malpractice in Louisiana is governed by the Louisiana Medical Malpractice Act, a detailed framework that controls deadlines, damages, and the steps a patient must take before filing suit. Two features set Louisiana apart: a total cap of $500,000 on damages (with future medical care paid separately) and a mandatory medical review panel that must consider most claims before a lawsuit can proceed. This page explains the prescription periods, the cap and its current status, the panel requirement, and how fault is shared. It is general legal information, not legal advice.
Prescription: One Year, With a Three-Year Limit
Louisiana calls its filing deadline prescription. Under La. R.S. 9:5628, a medical malpractice claim must be filed within one year of the alleged act, omission, or neglect, or within one year of the date the injury is discovered. This discovery option helps patients whose harm was not immediately apparent.
The discovery rule has a hard outer limit. La. R.S. 9:5628 also provides that in all events the claim must be filed within three years from the date of the alleged act, omission, or neglect. This three-year period functions as an absolute backstop that can expire even if the injury is discovered late.
Louisiana lengthened its general tort deadline in 2024, and that change does not reach malpractice. Civil Code article 3493.1, added by Acts 2024, No. 423 and effective July 1, 2024, subjects delictual actions to a two-year liberative prescription running from the day the injury or damage is sustained. Medical malpractice is governed instead by R.S. 9:5628, the special statute for claims arising out of patient care, so the one-year and three-year periods above still control. A separate two-year period in Civil Code article 3493.3 applies only to delictual actions arising from an act defined as a crime of violence; it dates to Acts 1999, No. 832 and was merely redesignated from article 3493.10 by the 2024 act.
Damage Caps: A $500,000 Total Cap Plus Future Medical Care
Louisiana is unusual in capping total damages, not just noneconomic damages. La. R.S. 40:1231.2 provides that the total amount recoverable for all malpractice claims for injuries to or death of a patient, exclusive of future medical care and related benefits, shall not exceed $500,000 plus interest and costs.
Within that structure, any one qualified health care provider is liable for no more than $100,000 plus interest. Amounts above the provider's share, up to the $500,000 cap, are paid by the Louisiana Patient's Compensation Fund, which is funded by surcharges on participating providers.
The key exclusion is future medical care. Future medical care and related benefits are not counted against the $500,000 cap and are instead provided separately under La. R.S. 40:1231.3. This means a severely injured patient's ongoing medical needs can be covered beyond the cap.
Current Status of the Cap
The $500,000 cap has survived constitutional challenge. The Louisiana Supreme Court has repeatedly upheld the cap. In Butler v. Flint Goodrich Hospital of Dillard University, 607 So. 2d 517 (La. 1992), the court reasoned that because the Patient's Compensation Fund pays a victim's past, present, and future medical needs even beyond the cap, the scheme provides an adequate remedy even in catastrophic-injury cases. In Oliver v. Magnolia Clinic (La. 2012), the court applied the cap to nurse practitioners as covered health care providers, again leaving the cap intact.
The cap has not been increased since the Act took effect, and it remains $500,000 as of 2026. Periodic legislative efforts to raise or change the cap have not become law, so claimants should treat the cap as in force.
Mandatory Medical Review Panel
Before filing most malpractice lawsuits against a qualified provider, a Louisiana claimant must submit the claim to a medical review panel under La. R.S. 40:1231.8. The panel, made up of health care providers with an attorney serving as a nonvoting chair, reviews the evidence and issues an expert opinion on whether the provider breached the standard of care.
Requesting a panel suspends prescription while the claim is pending and for 90 days after the panel notifies the claimant of its opinion, which protects the one-year deadline during the process. The panel's opinion is not binding and does not replace a trial, but it is admissible and often shapes settlement. Providers who are not qualified under the Act fall outside the panel process.
Standard of Care, Liable Parties, and Expert Testimony
A Louisiana plaintiff must prove the applicable standard of care, that the provider breached it, and that the breach caused the injury. La. R.S. 9:2794(A) codifies those three elements and measures the standard by the degree of knowledge, skill, and care ordinarily exercised by practitioners licensed in Louisiana and actively practicing in a similar community or locale, or by the standard of the relevant specialty when the alleged negligence raises issues peculiar to that specialty. That section applies by its terms to physicians, dentists, optometrists, and chiropractic physicians. Nurses, hospitals, and other qualified providers can also be liable, but their conduct is measured under general negligence principles rather than R.S. 9:2794, even though the Act's panel and cap provisions still apply to them.
Expert testimony is generally required to establish the standard of care and causation, which is one reason the medical review panel of providers reviews the claim first. The exception is conduct so obviously negligent that expert proof is unnecessary.
Comparative Fault in Louisiana
Louisiana followed pure comparative fault for decades, but Act 15 of 2025 amended Civil Code article 2323 effective January 1, 2026 to a modified system. For covered claims, a plaintiff who is 51% or more at fault recovers nothing, while a plaintiff less than 51% at fault has the award reduced by the plaintiff's percentage of fault. In a malpractice case, a defense that the patient ignored instructions or delayed care could reduce or, in some cases, bar recovery.
Wrongful-Death and Survival Medical Malpractice
When alleged malpractice causes death, Louisiana recognizes both a survival action under Civil Code article 2315.1 (for the decedent's own damages before death) and a wrongful-death action under article 2315.2 (for the survivors' losses). For medical malpractice, these claims are subject to the one-year period, and the article 2315.2 wrongful-death action for medical malpractice prescribes one year from the date of death. Eligible claimants follow a statutory order beginning with a spouse and children.
How to Evaluate and Preserve a Possible Claim
Because Louisiana requires a medical review panel and applies a one-year deadline, acting promptly is essential. Request complete medical records early and keep a written timeline of treatment and symptoms, since the panel and any expert will rely on the file.
Many Louisiana medical malpractice attorneys offer a free initial consultation and work on a contingency fee, meaning a fee only if the case recovers money. No attorney can guarantee an outcome or a specific dollar amount; the value of a case depends on its facts, the evidence, the cap, and how the law is applied.
Frequently Asked Questions
What is the deadline to sue for medical malpractice in Louisiana?
Generally one year from the act or from discovery under La. R.S. 9:5628, with an absolute three-year limit from the negligent act regardless of discovery. Louisiana's general two-year prescription for delictual actions, added by Civil Code article 3493.1 effective July 1, 2024, does not change that deadline, because R.S. 9:5628 is the special statute governing claims that arise out of patient care.
Does Louisiana cap medical malpractice damages?
Yes. La. R.S. 40:1231.2 caps total damages at $500,000 plus interest and costs, with any one qualified provider liable for up to $100,000 and the Patient's Compensation Fund covering the rest. Future medical care and related benefits are paid separately and are not subject to the cap.
Is the Louisiana $500,000 cap still in effect?
Yes. The Louisiana Supreme Court upheld the cap in Oliver v. Magnolia Clinic (2012), and it remains $500,000 as of 2026. Legislative efforts to change it have not become law.
Do I need a medical review panel before suing in Louisiana?
Usually yes. Most claims against qualified providers must go to a medical review panel under La. R.S. 40:1231.8 before suit. Filing the panel request suspends prescription while the claim is pending and for 90 days after the panel's opinion.
What does a Louisiana plaintiff have to prove in a malpractice case?
La. R.S. 9:2794 sets the burden of proof for claims against physicians, dentists, optometrists, and chiropractic physicians: the applicable degree of knowledge, skill, and care ordinarily exercised in a similar community or specialty, that the defendant lacked it or failed to use it, and that the failure proximately caused injuries that would not otherwise have occurred. Expert testimony is generally required.
How does comparative fault work in a Louisiana malpractice case?
Louisiana uses comparative fault under Civil Code article 2323. As amended effective January 1, 2026, a plaintiff who is 51% or more at fault recovers nothing; below that, the award is reduced by the plaintiff's percentage of fault.
What is the deadline for a wrongful-death medical malpractice claim in Louisiana?
A wrongful-death action for medical malpractice under Civil Code article 2315.2 prescribes one year from the date of death. A survival action under article 2315.1 may also be available. These deadlines are strict, so consult a licensed Louisiana attorney promptly.
How much is a Louisiana medical malpractice case worth?
There is no set figure, and total damages are subject to the $500,000 cap (with future medical care paid separately). Value depends on the facts, the evidence, and how the law applies. No attorney can promise a result or a dollar amount.
Harmed by medical care in Louisiana? Get a free case review
If a medical provider's negligence caused a serious injury, you may be owed compensation, but medical malpractice cases have strict deadlines and special filing rules that vary by state. Get a free, confidential review from a Louisiana medical malpractice attorney. Most work on contingency, so there is no upfront cost.
Updates
Corrected the explanation of Louisiana's 2024 prescription change, which comes from Civil Code article 3493.1 rather than the crime-of-violence rule in article 3493.3, and added the statute that sets the standard of care and burden of proof, La. R.S. 9:2794.
Corrected the case attribution in Louisiana's cap history (Butler v. Flint Goodrich supplied the adequate-remedy reasoning; Oliver v. Magnolia Clinic applied the cap to nurse practitioners) and repaired the medical-review-panel statute link.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the description of Louisiana's 2024 prescription change: it extends prescription to two years only for delictual actions arising from crimes of violence, not tort claims generally; medical malpractice remains unaffected and still governed by La. R.S. 9:5628.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Louisiana Revised Statutes
§ 40:1231.2Limitation of recoveryIn forcecited in 2 of our articles
A. To be qualified under the provisions of this Part, a health care provider shall: (1) Cause to be filed with the board proof of financial responsibility as provided by Subsection E of this Section. (2) Pay the surcharge assessed by this Part on all health care providers according to R.S. 40:1231.4. (3) For self-insured health care providers, initial qualification shall be effective upon acceptance of proof of financial responsibility by and payment of the surcharge to the board. Initial qualification shall be effective for all other health care providers at the time the malpractice insurer accepts payment of the surcharge. B.(1) The total amount recoverable for all malpractice claims for injuries to or death of a patient, exclusive of future medical care and related benefits as provided in R.S. 40:1231.3, shall not exceed five hundred thousand dollars plus interest and cost.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at legis.la.gov
Cross-referenced in the statute itself: § 40:1231.3
Cited in 28 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Moore v. Iasis Glenwood Regional Medical Center, Inc. (Louisiana Court of Appeal 2017, 216 So. 3d 187)“…or death to a patient at $500,000, plus interest and costs. La. R.S. 40:1231.2(B)(1). 6 It limits a qualified health…”
- In Re: Medical Review Panel Proceedings for the Claim of Jack Edward Price, II (D) (Louisiana Court of Appeal 2025)“…e claims arising out of injuries to or death of a patient. La. R.S. 40:1231.2(B)(2). Any damages awarded or agreed t…”
- Richard Dupuy and His Wife, Melissa Dupuy v. Nmc Operating Company, L.L.C. D/B/A the Spine Hospital of Louisiana, Formerly, the Neuromedical Center Hospital (Supreme Court of Louisiana 2016, 187 So. 3d 436)“…nel before commencing suit in a court of law. Id. See also La. R.S. 40:1231.2(B); La. R.S. 40:1231.8. This Cou…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 40:1231.8Medical review panelIn forcecited in 2 of our articles
A.(1)(a) All malpractice claims against health care providers covered by this Part, other than claims validly agreed for submission to a lawfully binding arbitration procedure, shall be reviewed by a medical review panel established as hereinafter provided for in this Section. The filing of a request for review by a medical review panel as provided for in this Section shall not be reportable by any health care provider, the Louisiana Patient's Compensation Fund, or any other entity to the Louisiana State Board of Medical Examiners, to any licensing authority, committee, or board of any other state, or to any credentialing or similar agency, committee, or board of any clinic, hospital, health insurer, or managed care company. (b) A request for review of a malpractice claim or a malpractice complaint shall contain, at a minimum, all of the following: (i) A request for the formation of a medical review panel. (ii) The name of only one patient for whom, or on whose behalf, the request for review is being filed; however, if the claim involves the care of a pregnant mother and her unborn child, then naming the mother as the patient shall be sufficient.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cross-referenced in the statute itself: § 9:5628
Cited in 139 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Richard Dupuy and His Wife, Melissa Dupuy v. Nmc Operating Company, L.L.C. D/B/A the Spine Hospital of Louisiana, Formerly, the Neuromedical Center Hospital (Supreme Court of Louisiana 2016, 187 So. 3d 436)“…rst been presented to a medical review panel as required by La. R.S. 40:1231.8. 2 Before a hearing on that exception,…”
- In re Medical Review Panel Proceedings of Glover (Louisiana Court of Appeal 2017, 229 So. 3d 655)“…plaintiffs’ requests for a medical review panel were filed, La. R.S. 40:1231.8(A)(l)(c) provided: 4 A claimant sh…”
- Matranga v. Parish Anesthesia of Jefferson, LLC (Louisiana Court of Appeal 2018, 254 So. 3d 1238)“…ning of prescription as to joint tortfeasors. Specifically, La. R.S. 40:1231.8(A)(2)(a) 6 provides, in pertinent part…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 9:5628Actions for medical malpracticeIn forcecited in 8 of our articles
A. No action for damages for injury or death against any physician, chiropractor, nurse, licensed midwife practitioner, dentist, psychologist, optometrist, hospital or nursing home duly licensed under the laws of this state, or community blood center or tissue bank as defined in R.S. 40:1231.1(A), whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought unless filed within one year from the date of the alleged act, omission, or neglect, or within one year from the date of discovery of the alleged act, omission, or neglect; however, even as to claims filed within one year from the date of such discovery, in all events such claims shall be filed at the latest within a period of three years from the date of the alleged act, omission, or neglect. B. The provisions of this Section shall apply to all persons whether or not infirm or under disability of any kind and including minors and interdicts. C. The provisions of this Section shall apply to all healthcare providers listed herein or defined in R.S. 40:1231.1 regardless of whether the healthcare provider avails itself of the protections and provisions of R.S.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cross-referenced in the statute itself: § 40:1231.1, § 40:1231.2
Cited in 404 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Lott v. Haley (Supreme Court of Louisiana 1979, 370 So. 2d 521)“…ontends the court of appeal erred in retroactively applying La.R.S. 9:5628, effective September 12, 1975, to hold…”
- Griffin v. Kinberger (Supreme Court of Louisiana 1987, 507 So. 2d 821)“…tice action presents two issues. The first issue is whether La.R.S. 9:5628, which sets an outside limit of three y…”
- Borel v. Young (Supreme Court of Louisiana 2008, 989 So. 2d 42)“…malpractice action can be brought are clearly set forth in La. R.S. 9:5628(A), which provides in pertinent part:…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Hit and Run Laws: Penalties and What to Do, Louisiana Medical Records Retention Laws (2026 Guide), Louisiana Statute of Limitations: Filing Deadlines by Case Type
§ 40:1231.3Future medical care and related benefitsIn forcecited in 2 of our articles
A.(1) In all malpractice claims filed with the board which proceed to trial, the jury shall be given a special interrogatory asking if the patient is in need of future medical care and related benefits that will be incurred after the date of the response to the special interrogatory, and the amount thereof. (2) In actions upon malpractice claims tried by the court, the court's finding shall include a recitation that the patient is or is not in need of future medical care and related benefits that will be incurred after the date of the court's finding and the amount thereof. (3) If the total amount is for the maximum amount recoverable, exclusive of the value of future medical care and related benefits that will be incurred after the date of the response to the special interrogatory by the jury or the court's finding, the cost of all future medical care and related benefits that will be incurred after the date of the response to the special interrogatory by the jury or the court's finding shall be paid in accordance with R.S. 40:1231.3(C).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Medical Review Panel of Williams v. Emsa Louisiana, Inc. (Louisiana Court of Appeal 2016, 2015 La.App. 4 Cir. 1178)“…c for headaches, dizziness, lightheadedness, and syncope. La. R.S. 40:1231.3 governs awards for future medical care…”
- Cynthia Cannady v. Dr William Yates and Mary Stell, NP (Louisiana Court of Appeal 2024)“…as proper in the Fourth Judicial District Court pursuant to La. R.S. 40:1231.3(E)(1). Following a hearing, the trial c…”
- Cahanin v. Louisiana Medical Mutual Insurance Co. (Louisiana Court of Appeal 2017, 235 So. 3d 1250)“…of future medical care and related benefits as provided in La. R.S. 40:1231.3, shall not exceed five hundred thousand…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 40:1231.1Definitions and general applicationsIn forcecited in 4 of our articles
A. As used in this Part: (1) "Ambulance service" means an entity under circumstances in which the provisions of R.S. 40:1237.1 are not applicable which operates either ground or air ambulances, using a minimum of two persons on each ground ambulance, at least one of whom is trained and registered at the level of certified emergency medical technician-basic, or at the intermediate or paramedic levels, or one who is a registered nurse, and using a minimum on any air ambulance of one person trained and registered at the paramedic level or a person who is a registered nurse, or any officer, employee, or agent thereof acting in the course and scope of his employment, including any student enrolled in a qualified emergency medical services educational program under the direct supervision of a licensed health care provider. (2) "Authority" means the Residual Malpractice Insurance Authority established under Section 1231.7. (3) "Board" means the Patient's Compensation Fund Oversight Board created in R.S. 40:1231.4(D).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cross-referenced in the statute itself: § 40:1231.8
Cited in 119 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Brandi Billeaudeau, Veronica Billeaudeau, and Joseph Billeaudeau v. Opelousas General Hospital Authority, Dr. Kondilo Skirlis-Zavala, and the Shumacher Group of Louisiana, Inc. (Supreme Court of Louisiana 2016, 218 So. 3d 513)“…1 patient’s medical care, treatment, or confinement....” La. R.S. 40:1231.1(A)(9). Although “negligent credentiali…”
- Richard Dupuy and His Wife, Melissa Dupuy v. Nmc Operating Company, L.L.C. D/B/A the Spine Hospital of Louisiana, Formerly, the Neuromedical Center Hospital (Supreme Court of Louisiana 2016, 187 So. 3d 436)“…planted in or used on or in the person of a patient. La. R.S. 40:1231.1(A)(13). “Health care,” in turn, is defi…”
- Matranga v. Parish Anesthesia of Jefferson, LLC (Louisiana Court of Appeal 2018, 254 So. 3d 1238)“…iously La. R.S. 40:1299.41 et seq. , was re-designated as La. R.S. 40:1231.1 et seq. The suit was originally…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Medical Recording Laws: Patient Rights and HIPAA Rules
Louisiana Civil Code
§ 2323Comparative faultIn forcecited in 18 of our articles
A.(1) In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault attributable to all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable. (2) If a person suffers injury, death, or loss partly as the result of his own negligence and partly as a result of the fault of another person or persons, then the following shall apply: (a) If the degree or percentage of negligence attributable to the person suffering injury, death, or loss is equal to or greater than fifty-one percent, then the person suffering injury, death, or loss shall not be entitled to recover damages.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at legis.la.gov
Cited in 187 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Murray v. Ramada Inns, Inc. (1988) held assumption of risk no longer bars recovery and that such plaintiff conduct is judged under article 2323's comparative fault reduction. Keith v. US Fidelity & Guar. Co. (1997) held the 1996 amendment to article 2323 procedural and retroactive, so an immune employer's fault is quantified.
Opinions citing this section in our collection:
- Murray v. Ramada Inns, Inc. (Supreme Court of Louisiana 1988, 521 So. 2d 1123)✓Answering a question certified by the Fifth Circuit in a suit over a man paralyzed and killed by a dive into the shallow end of a motel pool, the court held assumption of risk no longer totally bars recovery; that conduct falls under Article 2323 and only reduces damages.
- Miller v. Lammico (Supreme Court of Louisiana 2008, 973 So. 2d 693)✓A jury divided fault among three doctors whose missed diagnosis let a pelvic infection destroy Mrs. Miller's uterus; the court held Article 2323's fault percentages apply to the full damages award before the medical malpractice cap, even where the plaintiff bears no fault.
- Keith v. US Fidelity & Guar. Co. (Supreme Court of Louisiana 1997, 694 So. 2d 180)✓An oilfield worker hurt by rented slips sued the equipment lessor, which pleaded the fault of his compensation-immune employer; the court held the 1996 amendment extending Article 2323 to persons with statutory immunity was procedural and applied retroactively to that case.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Dog Bite Laws: Liability and Victim Rights, Louisiana Dashcam Laws: Mounting, Recording, and Evidence Rules, Motorcycle Accident Laws in Louisiana (2026): Deadlines
§ 2315.2Wrongful death actionIn forcecited in 12 of our articles
A. If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death: (1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children. (2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving. (3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving. (4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving. B. The right of action granted by this Article prescribes one year from the death of the deceased or two years from the day that injury or damage is sustained, whichever is longer. C. The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at legis.la.gov
Cited in 58 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Jenkins v. Long Term Care Managers, Inc. (2000) applied article 2315.2's beneficiary hierarchy: a surviving child, even one informally acknowledged, leaves the decedent's mother no right of action. Wartelle v. Women's and Children's Hosp., Inc. (1997) restated that article 26 treats a stillborn fetus as a person only for wrongful death.
Opinions citing this section in our collection:
- Wartell v. Woman's & Children's Hosp. (Louisiana Court of Appeal 1996, 676 So. 2d 632)✓Parents whose baby was stillborn after a fetal heart monitor was removed for about ninety minutes won $250,000; reviewing that wrongful death award under article 2315.2, the court found no abuse of discretion given the couple's documented grief and affirmed it.
- Jenkins v. Long Term Care Managers, Inc. (Louisiana Court of Appeal 2000, 758 So. 2d 863)“…ded Ms. Jenkins from recovery under a wrongful death claim. La. Civ.Code art. 2315.2. The trial court denied Long Term Care’…”
- McKenzie v. LeBlanc (Louisiana Court of Appeal 1998, 98 La.App. 3 Cir. 0353)“…sustained between the time of injury and the time of death. La.Civ.Code art. 2315.2 is *712 another exception. That Articl…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws in Louisiana (2026): Deadlines & Liability, Louisiana Wrongful Death Laws (2026): Deadlines
§ 2315.1Survival actionIn forcecited in 8 of our articles
A. If a person who has been injured by an offense or quasi offense dies, the right to recover all damages for injury to that person, his property or otherwise, caused by the offense or quasi offense, shall survive for a period of one year from the death of the deceased or two years from the day that injury or damage is sustained, whichever is longer, in favor of: (1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children. (2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving. (3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving. (4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving. B. In addition, the right to recover all damages for injury to the deceased, his property or otherwise, caused by the offense or quasi offense, may be urged by the deceased's succession representative in the absence of any class of beneficiary set out in Paragraph A. C.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 89 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Wartelle v. Women's and Children's Hosp., Inc. (Supreme Court of Louisiana 1997, 704 So. 2d 778)“…48. Specifically, they filed a survival action pursuant to La. Civ. Code art. 2315.1, an action for the wrongful death of th…”
- Randall v. Concordia Nursing Home (Louisiana Court of Appeal 2007, 965 So. 2d 559)“…amages inflicted upon her by Camelot survived her death per La.Civ.Code art. 2315.1(A). This right to recover is bestowed u…”
- Watkins v. Exxon Mobil Corp. (Supreme Court of Louisiana 2014, 145 So. 3d 237)“…r time period for instituting a survival action pursuant to La. Civ.Code art. 2315.1, particularly as amended by Acts 1986,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 3493.3Delictual actions; two-year prescription; criminal actIn forcecited in 2 of our articles
Delictual actions which arise due to damages sustained as a result of an act defined as a crime of violence under Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950, except as provided in Article 3496.2, are subject to a liberative prescription of two years. This prescription commences to run from the day injury or damage is sustained.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Explore the law
The laws cited above reference these related sections in their own text:
- Louisiana Revised Statutes § 13:5106 — Limitations view in our statute record · read at the official source
- Louisiana Revised Statutes § 40:1151 — Legislative purpose, findings and intent view in our statute record · read at the official source
Related law for further reading — not part of this article’s citations.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- La. R.S. 40:1231.2 ($500,000 total cap; $100,000 per qualified provider; future medical excluded)(legis.la.gov).gov
- La. R.S. 40:1231.8 (medical review panel requirement; suspension of prescription)(legis.la.gov).gov
- Louisiana Civil Code art. 2323 (comparative fault; modified effective Jan. 1, 2026)(legis.la.gov).gov
- Louisiana Civil Code art. 2315.1 (survival action)(legis.la.gov).gov
- Louisiana Civil Code art. 2315.2 (wrongful-death action; one year for medical malpractice)(legis.la.gov).gov
- Louisiana Division of Administration: Medical Review Panel process(doa.la.gov).gov
- Louisiana Medical Malpractice Act statutory citations (La. R.S. 40:1231.1 et seq.)(doa.louisiana.gov).gov
- Oliver v. Magnolia Clinic (La. 2012) (upholding the $500,000 cap as constitutional)(courtlistener.com)
- Louisiana Civil Code art. 3493.3 (two-year prescription for crimes-of-violence delictual actions effective July 1, 2024; not applicable to medical malpractice)(legis.la.gov).gov
- La. R.S. 9:5628 (medical malpractice prescription: one year, three-year outer limit)(law.justia.com)
- Louisiana Civil Code art. 3493.1 (two-year liberative prescription for delictual actions generally; Acts 2024, No. 423, eff. July 1, 2024)(legis.la.gov)
- La. R.S. 9:2794 (malpractice burden of proof and similar-community/specialty standard of care for physicians, dentists, optometrists, and chiropractic physicians)(legis.la.gov)
- La. R.S. 9:5628 (medical malpractice prescription: one year from the act or from discovery, three-year outer limit)(legis.la.gov)