Medical Malpractice Statute of Limitations in Louisiana
Last verified 2026-07 · Source: La. R.S. 9:5628(A) ✓ verified · 3 sources
The deadline
1 year
from the date of the alleged act, omission, or neglect, or the date of discovery of the alleged act, omission, or neglect, under La. R.S. 9:5628(A).
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Louisiana law sets a hard deadline of 1 year to file a medical malpractice claim. The controlling statute is La. R.S. 9:5628(A), and the clock generally starts on the date of the alleged act, omission, or neglect, or the date of discovery of the alleged act, omission, or neglect. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Louisiana Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 1 year | La. R.S. 9:5628(A) |
| Car Accident | 2 yrs | La. Civ. Code art. 3493.1 |
| Credit Card Debt | 3 yrs | La. Civ. Code art. 3494 |
| Wrongful Death | 1 yr | La. C.C. Art. 2315.2 |
| Personal Injury | 2 yrs | La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024) |
| Dog Bite | 1 yr | La. Civ. Code Ann. art. 2321 |
| Slip and Fall | 2 yrs | La. Civ. Code art. 3493.1 |
| Defamation | 2 yrs | La. Civ. Code Ann. art. 3493.1 |
| Breach of Contract | 10 yrs | La. Civ. Code art. 3499 |
| Medical Debt | 3 yrs | La. Civ. Code Art. 3494 |
When the Clock Starts
In Louisiana, the limitations period for medical malpractice claims generally begins on the date of the alleged act, omission, or neglect, or the date of discovery of the alleged act, omission, or neglect. Louisiana recognizes a discovery rule for this claim type: The one-year period may run from the date of discovery, but La. R.S. 9:5628 requires that in all events claims be filed at the latest within three years from the date of the alleged act, omission, or neglect - a three-year statute of repose that generally bars even undiscovered claims and is not suspended by a claimant's minority.
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Exceptions That Can Extend the Deadline
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Malpractice claims against state health care providers proceed under the Malpractice Liability for State Services Act (La. R.S. 40:1237.1 et seq.), which routes claims through a state medical review panel before suit.
- Damage caps: Total recoverable damages for all malpractice claims per patient are capped at $500,000 plus interest and cost, exclusive of future medical care (La. R.S. 40:1231.2(B)); an individual qualified provider is liable up to $100,000 with the Patient's Compensation Fund covering the balance.
Before filing suit against a qualified private provider, the claim must first be presented to a medical review panel under La. R.S. 40:1231.8, and the panel request suspends the running of prescription.
Source: La. R.S. 9:5628(A), official Louisiana statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Louisiana government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Louisiana Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Louisiana | 1 year | La. R.S. 9:5628(A) |
| Texas | 2 yrs | Tex. Civ. Prac. & Rem. Code § 74.251 |
| Arkansas | 2 yrs | Ark. Code § 16-114-203 |
| Mississippi | 2 yrs | Miss. Code § 15-1-36 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Louisiana?
You have 1 year from the date of the alleged act, omission, or neglect, or the date of discovery of the alleged act, omission, or neglect, under La. R.S. 9:5628(A).
Can I still sue after 1 years in Louisiana?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Louisiana?
Yes. The one-year period may run from the date of discovery, but La. R.S. 9:5628 requires that in all events claims be filed at the latest within three years from the date of the alleged act, omission, or neglect - a three-year statute of repose that generally bars even undiscovered claims and is not suspended by a claimant's minority.
Is the deadline different for claims against the government?
Malpractice claims against state health care providers proceed under the Malpractice Liability for State Services Act (La. R.S. 40:1237.1 et seq.), which routes claims through a state medical review panel before suit.
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Sources
- Official La. R.S. 9:5628 - Louisiana State Legislature
- Corroborating La. R.S. 9:5628 - Justia
- Corroborating Louisiana Medical Malpractice Laws - Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Louisiana attorney.