Senate Bill No. 212, introduced by Senator Miller, seeks to amend Louisiana's medical malpractice laws by establishing a cap on recoverable amounts for malpractice claims. The bill stipulates that the total recoverable amount, excluding past and future medical care and related benefits, shall not exceed $500,000 plus interest and costs for each claimant. It also includes provisions for inflationary adjustments based on the federal Consumer Price Index to ensure that liability limits remain relevant over time. Additionally, the bill introduces a framework for evidentiary hearings to assess the competence of patients or their guardians in managing future medical care awarded by the court.

The legislation repeals several existing provisions related to future medical care and benefits, streamlining the management of these costs. It mandates post-trial hearings to evaluate the competence of patients needing future medical care, with benefits payable by the liable healthcare provider and the Patient Compensation Fund if deemed competent. Furthermore, the bill introduces a "certificate of merit" requirement for filing malpractice claims, which must be executed by a qualified expert, reinforcing the necessity for substantiated claims. Claimants can choose to file in court with this certificate or have their claims reviewed by a medical review panel, with confidentiality provisions retained to protect healthcare providers' professional standing. The changes are set to take effect on August 1, 2026.

Statutes affected:
SB212 Original: 40:2(B), 40:3(A), 40:8(A)(1), 40:3(E)