DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 586 Original 2018 Regular Session Jimmy Harris
Abstract: Modifies the medical malpractice claims, and provides for alternative to the medical
review panel for complaints filed against a healthcare providers or insurers.
Present law provides that the maximum amount recoverable for a claim is $500,000 plus interest and
cost.
Proposed law raises the amount recoverable per claim to $1,000,000 plus interest and cost and
excludes economic damages.
Present law allows a qualified health care provider to be liable for up to $100,000 in damages plus
interest and costs.
Proposed law raises a qualified health care provider's potential liability from $100,000 plus interest
and costs to $250,000 plus interest and costs.
Proposed law requires a court or fact finder to find a specific amount of future medical expenses and
related benefits for a claimant.
Proposed law allows a court, after determining that a total award exceeds the $1,000,000 cap, to hold
excess damages in a trust with the Patient Compensation Fund to be paid in reimbursement to a
patient or to his provider for future medical care.
Proposed law defines future medical care and benefits.
Proposed law changes the present law requirement that all medical malpractice claims against health
care providers be heard by a medical review panel, and offers a claimant an alternative to initiate a
claim through an affidavit by a board certified doctor. The affidavit shall certify that the doctor has
reviewed the necessary records and that there was a breach of the standard of care which caused or
contributed to the injury or death of a patient.
Proposed law provides a prescriptive period for actions initiated by the affidavit process.
(Amends R.S. 40:1231.2(B)(1) and (2) and (D)(5), 1231.3(A)(1), (2), and (3), and 1231.8(A)(1)(a)
and (B)(1)(a)(i); Adds R.S. 40:1231.3(B)(3) and (4); Repeals R.S. 40:1231.3(G) and (H))