SLS 11RS-286 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 61
BY SENATOR MILLS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MALPRACTICE. Provides relative to medical malpractice claims. (2/3 - CA13s1(A))
A JOINT RESOLUTION1
Proposing to add Article XII, Section 16, of the Constitution of Louisiana, to authorize the2
legislature to determine limitations on liability damages in medical or health care liability3
claims and other claims against health care providers; to provide for submission of the4
proposed amendment to the electors; and to provide for related matters.5
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members6
elected to each house concurring, that there shall be submitted to the electors of the state of7
Louisiana, for their approval or rejection in the manner provided by law, a proposal to add8
Article XII, Section 16 of the Constitution of Louisiana, to read as follows:9
§16. Medical Malpractice10
Section 16. Medical Malpractice. Notwithstanding any other provision11
of this constitution, the legislature by law may limit or provide for the extent of12
liability of a health care provider in all cases, including the circumstances giving13
rise to liability and kinds and amounts of recoverable damages. This limitation14
of liability shall apply to all damages and losses, however characterized, of a15
provider of medical or health care with respect to treatment, lack of treatment,16
or other claimed departure from an accepted standard of medical or health care17 SB NO. 61
SLS 11RS-286 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of safety, however characterized, claimed or is claimed to be a cause of, or1
contributes or is claimed to contribute to, disease, injury, or death of an2
individual. This Article applies without regard to whether the claim or cause3
of action arises under or is derived from a statute or other law, including any4
claim or cause of action based in tort, contract, or any other theory or any5
combination of theories of liability. The claim or cause of action includes a6
medical or health care liability claim as defined by the legislature.7
Section 2. Be it further resolved that this proposed amendment, if approved by the8
electors, shall become effective on January 1, 2012, and that this proposed amendment shall9
be applied retroactively to all existing acts of the legislature establishing a limitation of10
liability for all damages incurred in medical or health care claims or against health care11
providers.12
Section 3. Be it further resolved that this proposed amendment shall be submitted13
to the electors of the state of Louisiana at the statewide election to be held on October 22,14
2011.15
Section 4. Be it further resolved that on the official ballot to be used at said election16
there shall be printed a proposition, upon which the electors of the state shall be permitted17
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall18
read as follows:19
To authorize the legislature to determine limitations on professional medical20
liability damages and losses of a provider of medical or health care with21
respect to treatment, lack of treatment, or other claimed departure from an22
accepted standard of medical or health care claimed to be a cause of, or23
claimed to contribute to, disease, injury, or death of an individual. Provides24
for retroactive application to legislative acts existing on or after January 1,25
2012. (Effective January 1, 2012)(Adds Article XII, Section 16)26 SB NO. 61
SLS 11RS-286 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Proposed constitutional amendment provides that the legislature by law may limit or provide
for the extent of liability of a health care provider in all cases, and provides that the
limitation of liability shall apply to all damages and losses, however characterized, of a
provider of medical or health care with respect to treatment, lack of treatment, or other
claimed departure from an accepted standard of medical or health care.
Proposed constitutional amendment provides that the claim or cause of action includes a
medical or health care liability claim as defined by the legislature.
Proposed constitutional amendment provides that a law effective on or after January 1, 2012,
the legislature by law may limit or provide for the extent of liability for all damages and
losses.
Proposed constitutional amendment provides for retroactive application.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held October 22, 2011.
Effective January 1, 2012.
(Adds Const. Art. XII, §16)