Bill
SB 500
Louisiana SB 500 lets malpractice claimants choose a certificate of merit in court or the existing medical review panel, with a 90-day filing window and confidentiality protections
Policy area: Malpractice and medical review processes
Effective date: August 1, 2026
Jurisdiction: Louisiana
Sponsor: Senator Connick (co-sponsor: Patrick Connick)
Purpose
- Modernize and clarify the process for evaluating medical malpractice claims against health care providers by offering an alternative to the medical review panel process. The bill preserves the existing medical review panel option but adds an affirmative option for claimants to file a certificate of merit in court.
Key provisions and changes
1) Choice between certificate of merit in court or medical review panel
- For malpractice claims against health care providers covered by existing law (excluding claims already bound for arbitration), the claimant may elect:
- File in court with a certificate of merit, or
- Have the claim reviewed by a medical review panel, as provided under current law.
2) Certificate of merit: form and content
- If the claimant elects to file a certificate of merit, the certificate must be in affidavit form and executed by one of the following under oath:
- The claimant, or attorney for the claimant, or a licensed physician.
- The affidavit must declare one of two scenarios:
- (a) The affiant has reviewed the case with an expert (or in consultation with at least one expert qualified to give expert testimony on standard of care and negligence) and has a reasonable, good-faith basis to commence the action.
- (b) A physician with appropriate qualifications has reviewed the available medical records and concluded that the defendant’s acts or omissions did not meet the applicable standard of care and caused or contributed to the claimant’s injuries or death.
3) Timing and dismissal if expert consultation is not timely obtained
- If timely expert consultation required by the certificate of merit cannot be obtained without triggering prescription issues, the claimant may file the certificate of merit within 90 days after all defendants have filed their answers.
- If a certificate of merit has not been filed within that 90-day window, the action shall be dismissed.
4) Single certificate of merit sufficient
- A single certificate of merit suffices to meet the requirements of the new process even if multiple defendants are named or later named.
5) Protection from disclosure of the process
- The filing of a request for review by a medical review panel, when elected, remains confidential and is not reportable to:
- The Louisiana State Board of Medical Examiners or any licensing or credentialing body, or to any clinic, hospital, health insurer, or managed care entity, or to any state or other licensing authorities.
6) Interaction with existing processes
- The proposed law retains the current mechanism for a medical review panel but adds the option for a certificate of merit to be filed in court.
- If the claimant chooses the certificate of merit route, the review by a medical panel under the new provisions occurs only if the claimant elects that path; otherwise, it is not triggered.
Impact and who is affected
Timeline and procedural notes
Overall: SB 500 expands claimant options in medical malpractice cases by codifying an affidavit-based certificate of merit as an alternative to the medical review panel, while maintaining confidentiality protections for the review process and providing practical timing safeguards to prevent undue delays.
Compiled from official sources — confirm details with the bill’s official record.
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