§ 9:5628 — Actions for medical malpractice

§5628. Actions for medical malpractice
A. No action for damages for injury or death against any physician,
chiropractor, nurse, licensed midwife practitioner, dentist, psychologist,
optometrist, hospital or nursing home duly licensed under the laws of this state,
or community blood center or tissue bank as defined in R.S. 40:1231.1(A),
whether based upon tort, or breach of contract, or otherwise, arising out of
patient care shall be brought unless filed within one year from the date of the
alleged act, omission, or neglect, or within one year from the date of discovery
of the alleged act, omission, or neglect; however, even as to claims filed within
one year from the date of such discovery, in all events such claims shall be
filed at the latest within a period of three years from the date of the alleged act,
omission, or neglect.
B. The provisions of this Section shall apply to all persons whether or
not infirm or under disability of any kind and including minors and interdicts.
C. The provisions of this Section shall apply to all healthcare providers
listed herein or defined in R.S. 40:1231.1 regardless of whether the healthcare
provider avails itself of the protections and provisions of R.S. 40:1231.1 et
seq., by fulfilling the requirements necessary to qualify as listed in R.S.
40:1231.2 and 1231.4.

Legislative History

Acts 1975, No. 808, §1; Acts 1976, No. 214, §1; Acts 1987, No. 915, §1, eff. Sept. 1, 1987; Acts 1990, No. 501, §1; Acts 1995, No. 818, §1; Acts 1995, No. 983, §1, eff. June 29, 1995; Acts 2001, No. 95, §1.