SLS 12RS-403 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, 2012
SENATE BILL NO. 176
BY SENATOR BUFFINGTON
MALPRACTICE. Amends the definition of malpractice for purposes of Medical
Malpractice Act. (gov sig)
AN ACT1
To amend and reenact R.S. 40:1299.41(A)(13), relative to medical malpractice; to provide2
for definitions; to provide for an effective date; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 40:1299.41(A)(13) is hereby amended and reenacted to read as5
follows: 6
ยง1299.41. Definitions and general applications7
A. As used in this Part: 8
* * *9
(13) "Malpractice" means any unintentional tort or any breach of contract10
based on health care or professional services rendered, or which should have been11
rendered, by a health care provider, to a patient, including failure to render services12
timely and the handling of a patient, including loading and unloading of a patient,13
and also includes all legal responsibility of a health care provider arising from acts14
or omissions during the procurement of blood or blood components, in the training15
or supervision of health care providers, or from defects in blood, tissue, transplants,16
drugs, and medicines, or from defects in or failures of prosthetic devices implanted17 SB NO. 176
SLS 12RS-403 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
in or used on or in the person of a patient, and also includes all legal responsibility1
of a health care provider arising from acts or omissions related to the existence,2
validity, or applicability of previously expressed wishes of the patient or the3
patient's surrogate concerning life-sustaining procedures and the validity and4
application of a Declaration Concerning Life-Sustaining Procedures, Louisiana5
Physician Order for Scope of Treatment, or a Do Not Resuscitate order.6
* * *7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Present law provides that "malpractice" means any unintentional tort or any breach of
contract based on health care or professional services rendered, or which should have been
rendered, by a health care provider, to a patient, including failure to render services timely
and the handling of a patient, including loading and unloading of a patient, and also includes
all legal responsibility of a health care provider arising from acts or omissions during the
procurement of blood or blood components, in the training or supervision of health care
providers, or from defects in blood, tissue, transplants, drugs, and medicines, or from defects
in or failures of prosthetic devices implanted in or used on or in the person of a patient.
Proposed law retains present law and adds that "malpractice"also includes all legal
responsibility of a health care provider arising from acts or omissions related to the
existence, validity, or applicability of previously expressed wishes of the patient or the
patient's surrogate concerning life-sustaining procedures and the validity and application of
a Declaration Concerning Life-Sustaining Procedures, Louisiana Physician Order for Scope
of Treatment, or a Do Not Resuscitate order.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1299.41(A)(13))