SLS 12RS-403 ENGROSSED
Page 1 of 2
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. Provides relative to medical malpractice and acts or omissions arising
from do not resuscitate and similar orders. (gov sig)
AN ACT1
To enact R.S. 40:1299.41(L), relative to medical malpractice; to provide for definitions and2
general applications; to provide relative to certain acts or omissions regarding3
declarations or orders related to life-sustaining procedures; to provide for prospective4
application; to provide for an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1299.41(L) is hereby enacted to read as follows: 7
ยง1299.41. Definitions and general applications8
* * *9
L. Any cause of action for the unintentional acts or omissions arising10
from resuscitating a patient who has a declaration concerning life-sustaining11
procedures executed pursuant to R.S. 40:1299.58.1 et seq., a Louisiana12
Physician Order for Scope of Treatment executed pursuant to R.S. 40:1299.64.113
et seq., or a do not resuscitate order issued by a physician licensed in this state14
shall be governed by the provisions of this Part.15
Section 2. The provisions of this Act shall be given prospective application only and16
shall not affect any action pending or claim arising prior to the effective date of this Act.17 SB NO. 176
SLS 12RS-403 ENGROSSED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 3. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
The original instrument was prepared by Angela Lockett De Jean. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Jerry G. Jones.
DIGEST
Buffington (SB 176)
Present law provides relative to medical malpractice, including definitions and general
applications. 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 relative to medical malpractice and adds that it shall govern
any cause of action for the unintentional acts or omissions arising from resuscitating a
patient who has a declaration concerning life-sustaining procedures executed pursuant to
R.S. 40:1299.58.1 et seq., a Louisiana Physician Order for Scope of Treatment executed
pursuant to R.S. 40:1299.64.1 et seq., or a do not resuscitate order issued by a physician
licensed in this state.
Proposed law provides that it shall be given prospective application only and shall not affect
any action pending or claim arising prior to its effective date.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 40:1299.41(L))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Deleted language adding to definition of "malpractice" acts or omissions
related to validity of orders such as do not resuscitate orders, and added new
subsection relative to malpractice applicability to such acts or omissions.