Louisiana Administrative Code › Title 37 - INSURANCE › Part III - Patient's Compensation Fund Oversight Board › Chapter 11 - Reporting › Section III-1101 - Notice of Claims, Reserves, Proposed Settlement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 90 days of the date on which a
				malpractice claim is asserted, or of the date on which a claim that may
				reasonably impact the fund becomes probable of assertion, against an enrolled
				health care provider, the health care provider, or the health care provider's
				liability insurer, shall give notice of such claim to the executive director,
				if the executive director has not previously received notice of the claim or
				medical review panel request. Such notice shall include identification of the
				person or persons asserting the claim, the nature of the claim, the
				circumstances surrounding and the date or dates of the occurrences giving rise
				to the claim. Such notice shall also advise of the name and address of the
				attorney at law, if any, retained by the health care provider or his or its
				insurer to represent the health care provider in defense of the claim. If an
				attorney has not been retained by the health care provider or insurer at the
				time of such notice, notice shall thereafter be given to the executive director
				within 10 days of the retention of an attorney to represent the health care
				provider.
B. Upon the assertion of
				a claim that may reasonably exceed the limitation of liability afforded the
				health care provider under the Act against an insured health care provider
				enrolled with the fund or against a self-insured health care provider which
				establishes reserves against individual claims, the health care provider or his
				or its insurer, as the case may be, shall promptly give notice to the executive
				director of the amount of indemnity that has been established and allocated to
				the claim by the health care provider or insurer. Within 30 days of the
				adjustment or modification of any such reserve, a health care provider or
				insurer shall give notice of such adjustment or modification to the executive
				director.
C. Each health care
				provider enrolled with the fund, or the insurer of an enrolled health care
				provider on behalf of such health care provider, shall give not less than 10
				days prior written notice to the executive director of any proposed compromise
				or settlement of a malpractice claim asserted against the health care
				provider.
D. Within 20 days of the
				receipt of a malpractice claim against an enrolled health care provider in the
				form of a lawsuit, the health care provider, or the health care provider's
				liability insurer, shall furnish a copy of the lawsuit to the PCF. The health
				care provider, or the health care provider's liability insurer, shall also
				furnish to the PCF within 20 days of receipt, a copy of all amending pleadings
				related to the lawsuit. In any civil action or proceeding in which a health
				care provider files a dilatory exception of prematurity pursuant to Code of
				Civil Procedure
				Article
				926(A)(1), said health care
				provider shall send a copy of the exception and the petition for damages to the
				board, via certified mail, return receipt requested, concurrently with serving
				the parties to the civil action or proceeding.
E. Upon filing a petition for damages in
				court for bodily injuries to or death of a patient on account of medical
				malpractice, the claimant shall send, by certified mail, return receipt
				requested, a copy of said petition for damages to the board. The claimant shall
				also provide written notice to the board of the trial date in such
				proceeding.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1299.44(D)(3).