Louisiana Revised Statutes & Codes
La. Rev. Stat. § 46:8 (2026)
Where a patient in any state supported or veterans administration hospital in the state has been injured by the negligence of another person other than his employer, or by an employer in employment falling outside of the provisions of the employer's liability laws, and has a right of action for the recovery of compensatory damages against that person, the department or the United States, in the case of veterans administration hospitals in the state, shall be subrogated to the right of action to the extent of reasonable charges for services rendered to the patient, in accordance with like charges in other first class hospitals, including physicians' and surgeons' fees.
✓ current as of May 2026
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§8. Subrogation to right of action for patient's injuries against employer or third person
Where a patient in any state supported or veterans administration hospital in the state has been injured by the negligence of another person other than his employer, or by an employer in employment falling outside of the provisions of the employer's liability laws, and has a right of action for the recovery of compensatory damages against that person, the department or the United States, in the case of veterans administration hospitals in the state, shall be subrogated to the right of action to the extent of reasonable charges for services rendered to the patient, in accordance with like charges in other first class hospitals, including physicians' and surgeons' fees.
Amended by Acts 1972, No. 20, §1; Acts 1978, No. 786, §6, eff. July 17, 1978.
Notes of Decisions
Cited in 15
cases, 1959–2009 · leading case: Muse v. St. Paul Fire & Marine Ins. Co., 328 So. 2d 698 (La. Ct. App. 1976).
Muse v. St. Paul Fire & Marine Ins. Co., 328 So. 2d 698 (La. Ct. App. 1976). “R.S. 46:8 et seq. A copy of Faia's letter was sent to Tyler.”
Nicholes v. St. Helena Par. Police Jury, 604 So. 2d 1023 (La. Ct. App. 1992). “R.S. 46:8 provides, in pertinent part, as follows: Where a patient in any state supported.”
Moore v. State for State Un. Med. Ctr., 596 So. 2d 293 (La. Ct. App. 1992). “R.S. 46:8 states, in pertinent part: "Where a patient in any state supported.”
Lewis v. Quebedeaux, 134 So. 2d 93 (La. Ct. App. 1961). “Confederate Memorial Medical Center has intervened as subrogee per the provisions of LSA-R.S. 46:8 and 15, for medical services extended to plaintiff and attorney's fees.”
Bozeman v. State, 787 So. 2d 357 (La. Ct. App. 2001). “R.S. 46:8 and/or any lien right it may have pursuant to La.”
Thomas v. Champion Ins. Co., 603 So. 2d 765 (La. Ct. App. 1992). “Medical Center, Shreveport, with a copy of her demand in intervention, as provided in La.”
In Re Katrina Canal Breaches Consol. Litig., 601 F. Supp. 2d 809 (E.D. La. 2009). “Looking to the fifth category, Comment to Article 1829 provides some examples of “other cases provided by law”: *816 (e) Besides the situations provided for in this Article, legal subrogation takes place in other instances, such as subro-gation of a state supported charity…”
Bernstine v. City of Natchitoches, 335 So. 2d 51 (La. Ct. App. 1976). “LSA-R.S. 46:8 grants to all charity hospitals in the State a right of subrogation to a patient's claim against an alleged tortfeasor to the extent of reasonable charges for services rendered to the patient.”
Mena v. Muhleisen Props., 652 So. 2d 65 (La. Ct. App. 1995). “| oSimilarly, there is no merit to the plaintiffs’ argument that the jurisprudence differentiates between charity hospitals and non-charity hospitals in application of La.”
Durham Life Ins. Co. v. Lee, 625 So. 2d 706 (La. Ct. App. 1993). “The court noted that Charity is subrogated to the rights of the patient by operation of law (LSA-R.S. 46:8) and that Charity's subrogation has been statutorily invested with a substantial number of procedural protections that are greater than those of a tort victim-patient.”
Begnaud v. Dep't of Transp. & Dev., 679 So. 2d 113 (La. Ct. App. 1996). “R.S. 46:8. Trial was bifurcated and a determination of liability has become final.”
Lightell v. Tranchina, 115 So. 2d 890 (La. Ct. App. 1959). “It is true that under LSA-R.S. 46:8 The Charity Hospital is subrogated to the right of Lightell, and it is also true that the Charity Hospital did not intervene and claim the amount of its charges.”
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