Louisiana Supreme Court Vacates Decision On State Cap In Medical Malpractice Lawsuits

Main Category: Litigation / Medical Malpractice
Article Date: 13 Feb 2007 - 5:00 PDT

email to a friend   printer friendly   opinions  

The Louisiana Supreme Court on Friday vacated a decision by the state 3rd Circuit Court of Appeals that declared a $500,000 state cap on damages in medical malpractice lawsuits unconstitutional, the Baton Rouge Advocate reports (Griggs, Baton Rouge Advocate, 2/8). In September 2006, the appeals court ruled that the cap, established in 1975, does not adequately compensate patients who experience malpractice. According to the court, the $500,000 cap from 1975 is valued at about $146,435 to $160,000 today. The appeals court ruled that the state must increase the cap to $1.6 million or $1.7 million (Kaiser Daily Health Policy Report, 9/29/06). However, the Supreme Court vacated the decision and returned two related lawsuits to the appeals court for reconsideration because of procedural issues. According to the Advocate, the Supreme Court ruled that "adequate remedy was not an issue in the district court case, so that argument could not be the basis of the appellate court's finding." Oliver Schrumpf, an attorney who represents the plaintiffs in one of the lawsuits, said, "If the adequate remedy was the only argument adopted, there would be a constant merry-go-round with the Legislature raising the cap and the courts saying it's not enough." Sue Chopin, a spokesperson for the Louisiana Medical Mutual Insurance Company, praised the Supreme Court decision, which she said would benefit health care providers. She added that the decision might delay a final decision on constitutionality of the cap for one to two years (Baton Rouge Advocate, 2/8).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

• Additional
• References
• Citations