The following article was written by Donald J. Palmisano, M.D. and originally published in the July/August 2015 Journal of the LSMS upon the 40th anniversary of Louisiana’s Medical Malpractice Act, Act 817 of 1975. Now, ten years later upon the 50th anniversary of the act, we remember the architects of Act 817 as both Dr. Cooksey and Dr. Palmisano passed away in 2022.
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Journal of the Louisiana State Medical Society
Forty-Year Anniversary of Louisiana’s Medical Malpractice Act, Act 817 of 1975 Donald J. Palmisano, MD, JD
OIstetriciangynecologist +r 2atherine >illiaTs has trusted LAMMICO to provide her Tedical Talpractice insurance Mor over years
“Do your homework, have courage, and don’t give up!” 1 Those words of wisdom for success from my heroic policeman dad once again proved correct in the medical liability reform bat- tle in Louisiana in 1975 because of the leadership of Dr. John Cooksey of Monroe, Louisiana. Dr. Cooksey was the cheerlead- er who gathered the team and constantly inspired everyone. Here we are at the 40th anniversary of the passage of the 1975 Medical Malpractice Act, Act 817. 2 How time flies! Act 817 of 1975 lives and the Louisiana State Supreme Court has ruled the current law, a total cap on all damages with its 1984 amend- ment for unlimited future medical payments as incurred (La. Act 435 of 19843), constitutional in the Butler case previously cited in the 20-year anniversary article (reprinted in this issue of the Journal). Louisiana’s law was voted into law prior to California’s famous medical liability law. 4 For another great tri- umph, see Texas and its success in 2003. 5 Three different laws; three proven long-term successes. The father of this Louisiana law, Dr. John Cooksey, is alive and well. All in Medicine should write Dr. Cooksey and thank him. His medical office listed in the 20-year anniversary article 6 re- mains at the same location. Sadly, only 3 of us in the signing photo are here today: Former Governor Edwin Edwards, Dr. Cooksey, and me. Mary Lou Winters, Attorney Jessie McDonald, Louisiana Representative Shady Wall, and Dr. Dave Carlton have passed on. May they Rest in Peace, these wonderful folks. On Independence Day, July 4, 2015, I spoke with Dr. Cooksey and he commented about our adventures in 1975: “The magic that made possible Louisiana’s Act 817 of 1975 was the team and the timing. We had a team of people who represented many different interests in healthcare and the timing was right.” 24 J LA MED SOC | VOL 177 | FALL 2025
EXPECTATIONS EXCEEDING
I leMt LAMMICO Mor lower rates that were oMMered at another Tedical Talpractice insurer I later learned that this other insurer had no Mollow up risk TanageTent education or relationships :o I caTe Iack to LAMMICO
>hen I was Maced with a claiT which can Ie a diMficult e_perience Mor any physician LAMMICO went aIove and Ieyond with claiT support during the deMense oM the claiT I Melt like they cared ;hroughout the claiT process LAMMICO Mought Ieside Te so that I prevailed in court when they could have chosen a siTpler less e_pensive path LAMMICO Taintains relationships that are Mar reaching and Ienefit all physicians ;hey»re Tore than an insurance coTpany – Katherine Williams, M.D., obstetrician-gynecologist
Dr. Cooksey (left) and Dr. Palmisano (right).
daily basis to key individuals around the state.
Building Enduring Partnerships c laTTicocoT
Let me not forget the important work of the Louisiana State Medical Society once it signed on to the quest. Component par- ish medical societies also played a critical role as its members knew the legislators personally and legislators listen best to their own constituents. After my medical office hours I pilot- ed my T-34A aerobatic plane on night flights to parish medical society meetings around the state asking all doctors to help get the proposed legislation passed. 8 Lots of excitement in those adventures.
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