§3258. Professional liability
A. Physician evaluation and examination as provided in R.S. 37:3244 shall be
deemed to constitute a risk assessment. A physician performing a risk assessment is
responsible only for determining that at the time of the risk assessment the individual is at
low or normal risk of developing complications during pregnancy and childbirth. For any
physician performing a physician risk assessment, the physician-patient relationship shall
only exist for the purposes of the risk assessment and shall not continue after the conclusion
of the physician risk assessment.
B. Physician risk assessment as defined in this Section shall not create either of the
following:
(1) Any legal duty, responsibility, or obligation by the physician to provide
continuing care after the conclusion of the physician risk assessment.
(2) A legal relationship between the physician and the licensed midwife or any duty,
responsibility, or obligation by the physician to supervise, collaborate, back-up, or oversee
the licensed midwife's care of the patient.
C. No physician or other health care provider as defined in R.S. 40:1231.1, no
hospital as defined in R.S. 40:2102, and no institution, facility, or clinic licensed by the
department shall be:
(1) Deemed to have established a legal relationship with a licensed midwife solely
by providing a risk assessment as defined in this Section or accepting a transfer of a patient
from a licensed midwife.
(2) Liable for civil damages arising out of the negligent, grossly negligent, or wanton
or willful acts or omissions of the licensed midwife solely for providing a risk assessment
as defined in this Section or accepting a transfer of a patient from a licensed midwife.
Acts 2012, No. 772, §1; Acts 2018, No. 206, §3.