Prescriptive Periods in Louisiana Med-Mal: A Clock That Ticks Faster Than YouThink

Louisiana’s prescriptive periods can destroy a case before it starts if misunderstood.

Key Points

- One-year limit from malpractice or discovery.

- Suspension for minors, fraud, or other narrow conditions.

- Discovery rule is applied narrowly compared to other states.

Example

An Alabama attorney assumes a two-year filing window, files at month 14, and loses the

case entirely due to Louisiana’s one-year rule.

How I Help

- Calculate prescriptive periods at intake.

- Identify tolling opportunities.

- Ensure filings are made before the window closes.