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Medical Liability Reform
Medical Liability Reform
Last Updated: 8/3/2011

The Latest: Governor Corbett signed the Fair Share Act, Senate Bill 1131 , into law. “This critical reform will help to keep doctors practicing, hospital services open for patients, and preserve essential jobs in communities across Pennsylvania,” said HAP President and CEO Carolyn F. Scanlan in a news release.

Background: Governor Tom Corbett, numerous legislative leaders, and lawmakers have pledged support for liability reforms, including passage of joint and several liability reform (Fair Share Act). Medical liability reform is necessary in Pennsylvania to support patient access to health care and to help reduce health care costs. The high legal costs paid by Pennsylvania health care providers, employers, and governments limit access to medical care, economic growth, and job creation.

Several bills have been introduced that would help reform Pennsylvania’s legal climate:

  • Apology/Benevolent Gesture Legislation - The House passed House Bill 495 , which would make any benevolent gesture made prior to the start of a medical liability action by a health care provider inadmissible as evidence of liability or an admission of guilt. A companion bill was introduced in the Senate - Senate Bill 565 . HAP supports the bills as a means of reducing medical liability lawsuits.
  • Certificate of Merit - House Bill 1419 strengthens the requirements for certification of medical liability actions by requiring the identification of the medical expert certifying a medical liability lawsuit. HAP supports the bill.

Additional Resources:

HAP Medical Liability Presentation to House Insurance Committee - April 13, 2011
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FAQs: Strengthening Certificate of Merit Requirements
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FAQs: Medical Liability “Apology / Benevolent Gestures” Legislation
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FAQs: Caps on Non-Economic Damages
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FAQs: Retirement of the Mcare Fund
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