§ 40:1226.6 — Limitation of liability

Louisiana § 40:1226.6

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1226.6. Limitation of liability
A. Nothing in this Part shall be construed to create a cause of action against a
hospital, hospital employee, duly authorized agent of the hospital, or any consultant or
contractor with whom the hospital has a contractual relationship.
B. A hospital, hospital employee, or any consultant or contractor with whom a
hospital has a contractual relationship shall not be liable, vicariously or otherwise, to any
patient for any injury, death, loss, civil penalty, or damage as a result of any act or omission
of a caregiver in rendering assistance or care to a patient or as a result of any act or failure
to act or failure to provide care rendered by a caregiver to a patient.
C. A hospital, hospital employee, or any consultant or contractor with whom a
hospital has a contractual relationship shall not be liable to any caregiver designated pursuant
to the provisions of this Part, except for gross negligence or willful and wanton misconduct
directly related to the education and instruction provided to the caregiver concerning the
aftercare needs of the patient, for any injury, death, loss, civil penalty, or damage as a result
of any act or omission of a caregiver in rendering assistance or care to a patient or as a result
of any act or failure to act or failure to provide care rendered by a caregiver to a patient.

Legislative History

Acts 2016, No. 351, §1.