Emergency Law Inventory | Full Law Text

Law Number

La. R.S. 37:1731.1

Summary Title

Liability: Medical Personnel During Declared Emergency


When an emergency declaration is in effect, a medical personnel who, in good faith, provides emergency care, health services, or first aid, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Medical services during declared state of emergency; limitation of liability

Full Text

A. Medical personnel who, in good faith and regardless of compensation, render or fail to render emergency care, health care services or first aid during a declared state of emergency when the state of emergency affects the rendering of medical care shall not be liable for any civil damages or injury as a result of any act or omission related to the rendering of or failure to render services, unless the damages or injury was caused by gross negligence or willful and wanton misconduct. B. As used in this Section: (1) “During a declared state of emergency” means during the period of time set forth in a declaration of the governor in accordance with R.S. 29:724 and shall include the time period as set forth in the declaration and shall also be retroactive to the precipitating event requiring the declaration. (2) “Health care services” means any act or treatment performed or furnished or which should have been performed or furnished, by a health care provider for, to, or on behalf of a person. (3) “Medical personnel” means an individual or person subject to the provisions of R.S. 37:1731, regardless of compensation.