This bill amends and reenacts specific provisions of the Louisiana Civil Code regarding the prescriptive periods for survival and wrongful death actions. It establishes a prescriptive period of two years from the date of death of the deceased or from the day that injury or damage is sustained, whichever is longer. Additionally, it specifies that the prescriptive period for medical malpractice survival actions will be governed by R.S. 9:5628, while the right of action for medical malpractice wrongful death actions prescribes one year from the death of the deceased.
The bill modifies Civil Code Article 2315.1(A) and 2315.2(B) to reflect these changes, ensuring that the timeframes for filing claims are clearly defined. The new language inserted into the articles emphasizes the longer of the two potential timeframes for survival actions and clarifies the specific prescriptive periods for medical malpractice cases. Overall, the bill aims to provide clarity and consistency in the legal framework surrounding wrongful death and survival actions in Louisiana.