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$170,000, plus interest from the date petitioner filed the
malpractice claim in 1985.
Under Louisiana law, a qualified doctor's maximum personal
liability with respect to a medical malpractice award is
$100,000, plus interest. See La. Rev. Stat. Ann. sec.
40:1299.42B(2) (West 1999). Petitioner's doctor carried a
private medical insurance policy (the Doctor's Insurance) to
cover his personal liability under the above law. Medical
malpractice awards in excess of $100,000 up to a ceiling of
$500,000, plus interest and additional amounts for continuing
health care costs, are paid by a State-sponsored patient’s
compensation fund (the State's Insurance). See La. Rev. Stat.
Ann. sec. 40:1299.42B(1) (West 1999); La. Rev. Stat. Ann. sec.
40:1299.44A(1) (West 1999); La. Rev. Stat. Ann. sec. 40:1299.44C
(West 1999).
On February 5, 1993, in partial payment of the above-
$170,000 court judgment, petitioner received from the Doctor's
Insurance three checks (totaling $125,403) in the separate
amounts of $100,000, $7,473, and $17,930. These checks were not
labeled or identified in any way as to whether they represented
payments for petitioner's personal injuries, interest, court
costs, or otherwise.
On February 8, 1993, petitioner received from the State's
Insurance a check in the amount of $195,477. This check was
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