Louisiana 2017 Regular Session

Louisiana House Bill HB51

Introduced
3/9/17  
Introduced
3/9/17  
Refer
3/9/17  
Refer
3/9/17  
Refer
4/10/17  

Caption

Increases the medical malpractice cap in certain circumstances

Impact

If enacted, HB 51 will directly impact the legal framework governing medical malpractice cases in Louisiana. By raising the damage cap, the bill is expected to enhance the ability of families to seek adequate compensation for their losses. This legislative change aligns with broader national trends towards reforming malpractice laws to better support victims and their families. It could also bring Louisiana's malpractice laws in line with those of other states that have higher caps, potentially improving the state's attractiveness to legal and healthcare professionals who prioritize equitable justice for patients.

Summary

House Bill 51, also known as 'The Hannah Kraft Act,' aims to amend the current cap on recoverable damages in medical malpractice cases. The bill proposes to increase the maximum amount recoverable for claims related to the death of a patient from $500,000 to $1,000,000, plus interest and costs. This change specifically addresses the limitations established by existing Louisiana law, which restricts recovery amounts for malpractice claims. The primary intention behind the bill is to provide greater financial restitution for families affected by medical malpractice resulting in wrongful death, reflecting a significant change in the legal landscape surrounding medical negligence cases in the state.

Sentiment

The sentiment surrounding HB 51 appears to be largely favorable among advocates for patient rights and families affected by medical malpractice. They view the cap increase as a necessary adjustment to provide deserved compensation for the severe consequences of medical errors. However, some concerns have been expressed by representatives of the medical community, who worry that such increases might lead to higher malpractice insurance premiums and increased defensive medicine practices, thereby raising healthcare costs overall. Therefore, while proponents celebrate the potential benefits for victim families, opponents raise significant concerns about the bill's broader implications on healthcare costs and the medical industry.

Contention

The key points of contention regarding HB 51 center around the economic implications of increasing the malpractice cap. Proponents argue that providing higher compensation will better support grieving families and hold negligent medical practitioners accountable, thereby enhancing the integrity of the healthcare system. On the other hand, opponents argue that higher caps could lead to an uptick in frivolous lawsuits, putting additional strain on healthcare providers and possibly resulting in a shortage of practitioners willing to work in high-risk fields. This contentious debate highlights the ongoing struggle to find a balance between protecting patient rights and ensuring the sustainability of healthcare services.

Companion Bills

No companion bills found.

Previously Filed As

LA SB78

Increases medical malpractice cap for certain child brain injuries. (gov sig) (EG NO IMPACT See Note)

LA HB526

Provides for time frames in the Louisiana Medical Malpractice Act

LA SB503

Provides relative to medical malpractice and certain limitations of liability and procedures. (8/1/18) (EG NO IMPACT See Note)

LA HB586

Amends the Medical Malpractice Act

LA HB175

Provides for the medical malpractice cap

LA HB105

Provides relative to the medical malpractice cap

LA HB102

Provides with respect to medical malpractice claims

LA HB63

Medical Malpractice Changes

LA HB465

Medical Malpractice Changes

LA SB726

Provides with respect to the limitations on recovery in medical malpractice cases. (gov sig)

Similar Bills

NJ A1124

Establishes a Special Medical Malpractice Part in the Superior Court.

CA AB571

Medical malpractice insurance.

NJ A2103

Prohibits insurers from raising medical malpractice liability insurance premiums under certain circumstances.

NJ A984

Prohibits insurers from raising medical malpractice liability insurance premiums under certain circumstances.

IL SB0239

PUNITIVE DAMAGES-LEGAL MALPRAC

IL SB2627

PUNITIVE DAMAGES-LEGAL MALPRAC

IN SB0394

Medical malpractice.

NJ A2075

"Medical Philanthropy Act"; provides physicians who provide uncompensated care with $250,000 cap on noneconomic damages in actions alleging medical malpractice.