Lawmakers reopen fight over Louisiana’s 50-year-old medical malpractice cap
Two proposals, Senate Bill 212 sponsored by state Sen.
At the center of both bills is
Physician groups are warning that altering the system could trigger sharp increases in insurance premiums and worsen
"I worry about the youngest and the brightest coming out of school and them not wanting to practice in a state that I love," said Dr.
Supporters of change say the cap has not kept pace with inflation and leaves severely injured patients and families with little compensation after serious events like paralysis or death.
"This is going to be a herculean body-slamming match in the Legislature," said
In 1975, lawmakers passed a package of bills to address rising medical malpractice insurance costs for doctors.
After debate between lawyers and physicians, the Legislature passed Act 817, which capped damages at
The law requires that before filing suit, patients must submit their case to a medical review panel made up of three health care providers — one selected by the patient, one by the accused doctor and a third chosen by those two — along with an attorney who serves as chair.
Historically, few cases have been decided in the patient's favor. The medical review panel found a breach of the standard of care, in which a provider deviated from accepted practices in a way that caused harm, in fewer than 10% of filed cases in most years, according to data from the fund. Patients can still proceed with filing their case in civil court, but the decision from the panel is entered as evidence.
The cap on damages has not been raised since the law passed and has not been adjusted for inflation. As a result, the
In 1992, the
In 2016, state Sen.
In 2017, state Rep.
What SB212 and SB366 would do
SB212 would keep the
SB366 would raise the cap to
The bill also would exclude economic damages — such as medical expenses and lost income — from the cap.
Both would allow patients to skip the medical review panel and instead rely on an affidavit from a doctor stating the standard of care was breached.
The senators who filed the bills are attorneys. Harris is a trial lawyer at Wright Gray Harris, and Miller is a self-employed attorney who focuses on property law, according to his LinkedIn profile.
Miller did not respond to interview requests. Harris declined to comment, saying he would "see what the will of the Legislature is."
Both bills have been referred to Judiciary Committee A, which is chaired by Miller. The bills will need to pass through committee before being brought before the
Doctors group sounds alarm
In a
Trawick, an internal medicine physician in private practice in the
"How am I going to convince her to stay in
The letter said OB-GYNs could see an immediate increase of up to 60% in premium costs — about an additional
Trial lawyers push for change
Wagar scoffed at the idea that insurance rates would increase catastrophically.
"
He also pointed to states without caps that have maintained well-regarded medical institutions, like
Wagar said the cost of bringing malpractice cases — often
"Let's say you're making
A longstanding system
According to the fund's most recent report to the Legislature, it has paid more than
Schnauder said the
The compensation paid to patients has not changed much over the decades.
According to the fund's report, the average payment per claim was about


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