R.S. 9:5628

Actions for medical malpractice ACTIVE

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.

Actions

References

Cited by

History

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

Section navigation

Cite R.S. 9:5628

Bluebook
La. Rev. Stat. Ann. § 9:5628 (2026).
Permalink
https://theusufruct.com/rs/title-9/section-5628
BibTeX
@misc{larevstat-9-5628,
  title        = {La. Rev. Stat. Ann. § 9:5628},
  howpublished = {Louisiana Revised Statutes},
  year         = {2026},
  url          = {https://theusufruct.com/rs/title-9/section-5628},
  note         = {Snapshot 2026-05-22}
}