Louisiana Revised Statutes 29:23.2 – Malpractice liability for attorneys serving with Louisiana National Guard; defense; payment of claim
Terms Used In Louisiana Revised Statutes 29:23.2
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
A. The state shall defend, hold harmless and indemnify any attorney serving as a member of the Louisiana National Guard from any financial loss arising out of any claim, demand, suit, or judgment in any court, by reason of any alleged malpractice of the attorney, if the attorney was acting in the discharge of his Louisiana National Guard duties at the time that the alleged malpractice was committed.
B. For the purposes of Subsection A, the attorney shall be considered an employee of the state and the procedures and provisions of La. Rev. Stat. 13:5108.2 shall govern to the extent applicable.
C. As used herein:
(1) “Financial loss” shall include all expenses of the claim, demand, or suit, including cost of investigation, court costs, witness fees, monetary damages, and interest.
(2) “Malpractice” means any unintentional tort, or any breach of contract, based upon professional legal services rendered or which should have been rendered by the attorney.
Acts 1987, No. 729, §1, eff. July 16, 1987.