Extends prescriptive period for delictual actions from one to two years, but except medical malpractice. (1/1/21)
Impact
The passage of SB 241 represents a significant shift in Louisiana's legal framework regarding the time limits for filing delictual claims. By extending the prescription period, the bill may encourage more individuals to come forward with claims that they would otherwise have felt were time-barred. This change can potentially lead to an increase in the number of cases brought to court, which could impact the judicial system in terms of resource allocation and case management. The bill seeks to balance the interests of justice for victims while maintaining practical considerations within the legal system.
Summary
Senate Bill 241, introduced by Senator Connick, seeks to amend the Louisiana Civil Code by extending the prescriptive period for delictual actions from one year to two years. Specifically, the bill alters the timeline in which individuals may bring claims resulting from certain types of damages, particularly those related to violent crimes. The new provisions aim to provide victims with additional time to pursue legal action, thereby enhancing their access to justice. Notably, the bill explicitly excludes medical malpractice cases from this extension, maintaining the existing one-year period for those actions.
Sentiment
Overall, the sentiment surrounding SB 241 appears to be cautiously optimistic among supporters, who argue that the extension of the prescriptive period will better align Louisiana with practices in other states and provide much-needed relief to victims of crimes. However, there are concerns from some members of the legal community and legislators that extending the period may allow for frivolous claims or complicate the litigation process. This has led to a mixed reaction, with some advocating for a more holistic approach to crime victims' rights.
Contention
One notable point of contention regarding SB 241 is its exclusion of medical malpractice cases from the two-year extension. Advocates for patients' rights argue that a uniform prescriptive period for all claims, including medical malpractice, would offer clearer guidelines and protections for victims. This division may reflect deeper tensions within legislative discussions about the balance between protecting patient rights and preventing excessive litigation in the healthcare sector. Thus, the bill has sparked discussions on reforming broader legislative approaches to prescription periods and victim rights in Louisiana.
Prescriptions for testosterone not allowed to be transmitted or reported within the prescription drug monitoring database and removes from the records all existing information concerning prior testosterone prescriptions.
Prescriptions for testosterone not allowed to be transmitted or reported within the prescription drug monitoring database and removes from the records all existing information concerning prior testosterone prescriptions.
Increases the maximum fill for non-opioid, non-narcotic controlled substances found in schedule II, so that a sixty-day (60) supply may be dispensed at any one time.
Increases the maximum fill for non-opioid, non-narcotic controlled substances found in schedule II, so that a ninety-day (90) supply may be dispensed at any one time.