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Louisiana Revised Statutes & Codes

La. Rev. Stat. § 39:1539 (2026)

Medical malpractice

✓ current as of May 2026
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§1539. Medical malpractice

           A. Medical malpractice judgments and settlements payable by the state pursuant to Part IV-A of Subchapter E of Chapter 5-D of Title 40 of the Louisiana Revised Statutes of 1950 shall be funded and paid from the Self-Insurance Fund; however, all such medical malpractice claims shall continue to be administered, controlled, and adjudicated only in accordance with the provisions contained in that Part.

           B. Notwithstanding any other provision of law to the contrary, the state and state agencies which are covered under or protected from any actual payment of liability by the provisions of R.S. 40:1237.1 shall be assessed and shall pay premiums to the office of risk management in accordance with the standards and criteria set forth in R.S. 39:1536.

           Added by Acts 1980, No. 520, §1, eff. July 1, 1980. Amended by Acts 1987, No. 785, §1, eff. July 17, 1987; Acts 1988, No. 60, §1, eff. July 1, 1988.

Notes of Decisions
Cited in 2 cases, 1993–2011 · leading case: Hampton v. Greenfield, 618 So. 2d 859 (La. 1993).
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Hampton v. Greenfield, 618 So. 2d 859 (La. 1993). · cites it 4× “R.S. 39:1539). Then, in 1987, La.R.S. 39:1539 was amended to provide that medical malpractice judgments payable by the state pursuant to the Public Medical Malpractice Act " may be funded and paid from the Self-Insurance Fund.”
Whitley v. State Ex Rel. Bd. of Supervisors of Louisiana State Univ. Agric. Mech. Coll. Ex Rel. Med. Ctr. of Louisiana at New Orleans-Univ. Campus, 66 So. 3d 470 (La. 2011). “39:1527(1); LSA-R.S. 39:1539. 11 . See LSA-C.C.P. arts.”
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