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 a separate statute (R.S. 9:5628) and clarifies that the right of action for medical malpractice in wrongful death cases prescribes one year from the death of the deceased.
The amendments to Civil Code Article 2315.1 and Article 2315.2 include the insertion of new language that outlines these prescriptive periods, while also deleting outdated provisions that previously governed these actions. The changes aim to provide clearer guidelines for the timeframes in which individuals can pursue legal action following wrongful death or survival claims, particularly in the context of medical malpractice.