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Issues in Louisiana Medical Malpractice Laws

Should We Quantify Third Party Fault Even When A Non-Qualified Healthcare Provider Is Involved?

by Jeffrey A. Mitchell

The starting point in analyzing the quantification of fault of the defendant non-qualified health care provider must begin with a survey of the statutory and jurisprudential rules established when the defendant is a qualified health care provider pursuant to the Louisiana Medical Malpractice Act (referred to herein as the “Act”).

A.  Quantification of Fault Involving a Qualified Health Care Provider

La.R.S. 40:1299.44 C provides in part:

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