Louisiana Statute of Limitations for Medical Malpractice
In Louisiana, the statute of limitations for medical malpractice is 1 year. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 1 year from accrual.
- Statute: La. Rev. Stat. § 9:5628.
- 1 year from discovery of the act, omission, or neglect, with a 3-year prescriptive period from the date of the act.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
1 year from discovery of the act, omission, or neglect, with a 3-year prescriptive period from the date of the act.
General Louisiana Rules
Louisiana is unique as the only U.S. state with a civil law system derived from French law. It uses 'prescriptive periods' (liberative prescription) rather than statutes of limitations. Delictual (tort) actions have a very short 1-year period, while contract claims benefit from a 10-year period.
Other Statutes of Limitations in Louisiana
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in Louisiana?
The statute of limitations for medical malpractice in Louisiana is 1 year. Citation: La. Rev. Stat. § 9:5628.
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When does the clock start for medical malpractice in Louisiana?
1 year from discovery of the act, omission, or neglect, with a 3-year prescriptive period from the date of the act.
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Can the statute of limitations for medical malpractice be extended in Louisiana?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.