2016 Second Extraordinary Session ENROLLED
SENATE RESOLUTION NO. 12
BY SENATOR GATTI
A RESOLUTION
To urge and request the Senate Committee on Health and Welfare and the Senate Committee
on Judiciary A to meet and function as a joint committee to study, receive testimony,
and make recommendations regarding present Louisiana laws concerning medical
malpractice caps and surcharges.
WHEREAS, in 1975, Louisiana law concerning medical malpractice claims against
qualified healthcare providers was revised to impose a damage "cap" of $500,000; and
WHEREAS, at the same time the definition of "qualified healthcare provider" was
made broad and generally applicable to those making premium payments into the Louisiana
Patient's Compensation Fund; and
WHEREAS, the majority of other states with medical malpractice "caps" distinguish
between economic and noneconomic damages, and limit only noneconomic damages; and
WHEREAS, unlike most other states the $500,000 "cap" enacted in Louisiana did
not differentiate between economic and noneconomic damages, and applied to the "total
amount recoverable", including economic and noneconomic damages; and
WHEREAS, such "cap" was amended in 1984 to exclude the cost of "future medical
care and related benefits" and such costs are no longer limited but are still subject to
administrative approval and reviews; and
WHEREAS, such $500,000 "cap" since enactment in 1975 and thereafter has not
been subject to increases for inflation or any other form of economic index; and
WHEREAS, over forty years later and on behalf of the people of Louisiana, the time
has now come to revisit and review present Louisiana laws concerning medical malpractice
caps and surcharges; and
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WHEREAS, the Senate Committee on Health and Welfare and the Senate Committee
on Judiciary A should meet and function as a joint committee to study and take testimony
on these issues, and such testimony should include but not be limited to information obtained
from the following specific entities and organizations:
(1) Louisiana Association of Defense Counsel.
(2) Louisiana Hospital Association.
(3) Louisiana Association for Justice.
(4) Louisiana Medical Mutual Insurance Company.
(5) Louisiana Nursing Home Association.
(6) Louisiana State Medical Society.
(7) Medical Protective Insurance Company.
(8) Office of Risk Management - Division of Administration.
(9) Patients Compensation Fund; and
WHEREAS, the joint committee may also invite committees from the House of
Representatives to participate in such joint study.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby urge and request the Senate Committee on Health and Welfare and the Senate
Committee on Judiciary A to meet and function as a joint committee to study, receive
testimony, and make recommendations regarding present Louisiana laws concerning medical
malpractice caps and surcharges.
BE IT FURTHER RESOLVED that any findings and recommendations made by the
joint committee shall be reported to the legislature not later than sixty days prior to the
convening of the 2017 Regular Session of the Legislature of Louisiana.
PRESIDENT OF THE SENATE
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