The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Ben Huxen.
DIGEST
SB 78 Engrossed 2016 Regular Session Gatti
Present law relative to medical malpractice limits the total amount recoverable for all malpractice
claims for injuries to or death of a patient, exclusive of future medical care and related benefits, to
a maximum of $500,000 plus interest and cost.
Proposed law creates an exception to present law by providing that the total amount recoverable for
all malpractice claims for catastrophic brain injuries to a child, exclusive of future medical care and
related benefits, shall not exceed five million dollars plus interest and costs. However, proposed law
applies only when either (1) a medical review panel renders a unanimous opinion in favor of the
claimant as provided in the expert opinions stated in present law or (2) liability is determined
unanimously by a jury.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends 40:1231.2(B)(1), 1231.3(D), 1237.1(F)(intro para), (2), (3), (6) and (7); adds R.S.
40:1231.3(K))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the original bill
1. Eliminated the definition of "brain injury" and replaced it with a new definition for
"catastrophic brain injury" and made technical amendments.