Louisiana 2010 Regular Session

Louisiana House Bill HB708

Introduced
3/29/10  

Caption

Provides relative to medical review panels (OR INCREASE SG RV See Note)

Impact

The introduction of HB 708 is likely to have a substantial effect on state laws governing medical malpractice claims. Proponents of the bill argue that a higher filing fee may lead to a reduction in the number of claims filed, thereby alleviating the burden on healthcare providers who face the prospect of defending against numerous lawsuits. Conversely, critics express concern that this increased financial barrier could disproportionately affect individuals with limited resources, potentially deterring legitimate claims from being pursued, thus impacting access to justice.

Summary

House Bill 708 seeks to amend Louisiana's medical malpractice litigation process by significantly increasing the filing fee for medical review panels from $100 to $500 per named defendant. This change is aimed at modifying the economic landscape for claimants and healthcare providers alike, establishing a more stringent financial barrier for initiating medical malpractice claims. By increasing the fee, the bill intends to discourage frivolous lawsuits while also possibly impacting legitimate claims due to higher upfront costs for claimants seeking redress.

Sentiment

Sentiment around HB 708 appears to be mixed, reflecting the complexities inherent in medical malpractice litigation. Supporters, primarily from the healthcare sector and legislative bodies favoring limits on lawsuits, advocate for the bill as a necessary reform to stabilize malpractice insurance rates and protect healthcare providers. However, those opposed to the bill argue that increasing filing fees may prevent deserving patients from seeking compensation for malpractice, thereby compromising accountability within the healthcare system.

Contention

One notable point of contention surrounding HB 708 is the balance between protecting healthcare providers and ensuring patient access to legal remedies. The debate encapsulates broader discussions about the healthcare system's accountability mechanisms, with some stakeholders emphasizing the need for patient protections against malpractice while others focus on the financial implications for medical practitioners. Additionally, the potential socioeconomic implications of imposing higher fees could further polarize opinion, as access to legal remedies is often correlated with an individual's economic situation.

Companion Bills

No companion bills found.

Previously Filed As

LA SB438

Provides relative to medical malpractice and claims against health care providers. (8/1/12)

LA HB612

Provides relative to medical review panels

LA HB195

Provides relative to transmittal of certain notices required pursuant to medical malpractice law

LA HB766

Provides relative to the Patient's Compensation Fund and its administration by the Patient's Compensation Fund Oversight Board

LA HB978

Provides relative to internal and external appeals (OR INCREASE SG RV See Note)

LA HB129

Provides relative to Medicaid nonemergency transportation providers and services (OR INCREASE GF EX See Note)

LA HB492

Provides for an independent claims review process within the Medicaid managed care program (EN INCREASE GF EX See Note)

LA HB175

Provides for the medical malpractice cap

LA SB443

Provides relative to civil actions against healthcare providers. (gov sig)

LA HB105

Provides relative to the medical malpractice cap

Similar Bills

No similar bills found.