What Is the Statute of Limitations for Medical Malpractice in Louisiana?
In Louisiana, the statute of limitations for medical malpractice is generally 1 year under La. Rev. Stat. § 9:5628.
Medical malpractice Deadlines in Louisiana
How long do you have to file a medical malpractice claim in Louisiana?
In Louisiana, the statute of limitations for medical malpractice is generally 1 year under La. Rev. Stat. § 9:5628. The full rule is: 1 Year (3-yr repose).
When does the clock start for medical malpractice in Louisiana?
One year from the act or from discovery, with a three-year outer limit from the act.
Can the Louisiana deadline for medical malpractice be extended?
Louisiana moved general torts to two years in 2024 and death claims to a longer-of formula in 2025, but medical malpractice was deliberately left at one year — including deaths caused by malpractice. A medical review panel request suspends prescription.
Is the deadline different if the claim is against the government in Louisiana?
Often, yes. Generally 2 years, no universal notice requirement under La. Rev. Stat. § 13:5106 et seq.. Louisiana does not impose a short universal notice-of-claim deadline of the New York or New Jersey kind. Suits against the state and its political subdivisions run under La. R.S. tit. 13 ch. 5, with damages caps and venue restrictions that often matter more th…
How does Louisiana compare to other states for medical malpractice?
Louisiana's 1 year is among the shortest in the country. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in Louisiana:
