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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, 2012
SENATE BILL NO. 141
BY SENATOR MILLS
MALPRACTICE. Constitutional Amendment to provide relative to limitation of liability
for medical malpractice claims. (1/1/13) (2/3 CA13s1(A))
A JOINT RESOLUTION1
Proposing to add Article XII, Section 17, of the Constitution of Louisiana, relative to2
liability; to authorize the legislature by law to limit or provide for the extent of3
liability of a provider of medical or health care; to provide certain terms and4
conditions; to provide that such limitation of liability includes the circumstances5
giving rise to liability and the kinds and amounts of recoverable damages; to provide6
that the limitation of liability applies to certain losses and damages; to provide for7
retroactivity; and to specify an election for submission of the proposition to electors8
and provide a ballot proposition.9
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members10
elected to each house concurring, that there shall be submitted to the electors of the state, for11
their approval or rejection in the manner provided by law, a proposal to add Article XII,12
Section 17, of the Constitution of Louisiana, to read as follows:13
ยง17. Medical Malpractice14
Section 17. Medical Malpractice. Notwithstanding any other provision15
of this constitution, the legislature by law may limit or provide for the extent of16
liability of a provider of medical or health care, including the circumstances17 SB NO. 141
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
giving rise to liability and the kinds and amounts of recoverable damages. The1
limitation of liability shall apply to damages and losses, however characterized,2
arising from treatment, lack of treatment, or departure from an accepted3
standard of medical or health care or safety, that is claimed to be a cause of, or4
contribute to, disease, injury, or death of an individual.5
Section 2. Be it further resolved that this proposed amendment, if approved by the6
electors, shall become effective on January 1, 2013, and that this proposed amendment shall7
be applied retroactively to all acts of the legislature existing on that date establishing a8
limitation of liability for all damages incurred in medical or health care claims or against9
health care providers.10
Section 3. Be it further resolved that this proposed amendment shall be submitted11
to the electors of the state of Louisiana at the statewide election to be held on November 6,12
2012.13
Section 4. Be it further resolved that on the official ballot to be used at said election14
there shall be printed a proposition, upon which the electors of the state shall be permitted15
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as16
follows:17
Do you support an amendment authorizing the legislature by law to limit or18
provide for the extent of liability of a provider of medical or health care,19
including the circumstances giving rise to liability and the kinds and amounts20
of recoverable damages, that applies to liability for damages and losses21
arising from treatment, lack of treatment, or departure from an accepted22
standard of medical or health care or safety that is claimed to be a cause of23
or contribute to disease, injury, or death of an individual? Provides for24
effective date of January 1, 2013, and for retroactive application to legislative25
acts existing on that date.26
(Adds Article XII, Section 17)27 SB NO. 141
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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 Jerry G. Jones.
DIGEST
Proposed constitution amendment adds that, notwithstanding any other provision of this
constitution, the legislature by law may limit or provide for the extent of liability of a
provider of medical or health care, including the circumstances giving rise to liability and
the kinds and amounts of recoverable damages. The limitation of liability shall apply to
damages and losses, however characterized, arising from treatment, lack of treatment, or
departure from an accepted standard of medical or health care or safety, that is claimed to
be a cause of, or contribute to, disease, injury, or death of an individual.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 6, 2012.
Provides for effective date of January 1, 2013. Further provides that its provisions shall be
applied retroactively to all acts of the legislature existing on that date establishing a
limitation of liability for all damages incurred in medical or health care claims or against
health care providers.
(Adds Const. Art. XII, Sec. 17)