PRINTER'S NO. 829
No. 702 Session of 2003
INTRODUCED BY GODSHALL, CLYMER, BARD, BENNINGHOFF, FAIRCHILD,
HERSHEY, LEWIS, MACKERETH, ROHRER, TRUE, WILT AND WRIGHT,
MARCH 6, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2003
AN ACT
1 Amending the act of March 20, 2002 (P.L.154, No.13), entitled
2 "An act reforming the law on medical professional liability;
3 providing for patient safety and reporting; establishing the
4 Patient Safety Authority and the Patient Safety Trust Fund;
5 abrogating regulations; providing for medical professional
6 liability informed consent, damages, expert qualifications,
7 limitations of actions and medical records; establishing the
8 Interbranch Commission on Venue; providing for medical
9 professional liability insurance; establishing the Medical
10 Care Availability and Reduction of Error Fund; providing for
11 medical professional liability claims; establishing the Joint
12 Underwriting Association; regulating medical professional
13 liability insurance; providing for medical licensure
14 regulation; providing for administration; imposing penalties;
15 and making repeals," providing for limitations on attorney
16 fees.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. The act of March 20, 2002 (P.L.154, No.13), known
20 as the Medical Care Availability and Reduction of Error (Mcare)
21 Act, is amended by adding a section to read:
22 Section 505.1. Limitation on attorney fees.
23 (a) General rule.--An attorney shall not contract for or
24 collect a contingency fee for representing any person seeking
1 damages in connection with an action for injury or damage
2 against a health care provider based upon such person's alleged
3 professional negligence in excess of the following limits:
4 (1) Forty percent of the first $50,000 recovered.
5 (2) Thirty-three and one-third percent of the next
6 $50,000 recovered.
7 (3) Twenty-five percent of the next $500,000 recovered.
8 (4) Fifteen percent of any amount on which the recovery
9 exceeds $600,000.
10 (b) Applicability.--The limitations set forth in subsection
11 (a) shall apply regardless of whether the recovery is by
12 settlement, arbitration or judgment, or whether the person for
13 whom the recovery is made is a responsible adult, an infant or a
14 person of unsound mind.
15 (c) Periodic payments.--If periodic payments are awarded to
16 the plaintiff, the court shall place a total value on these
17 payments based upon the projected life expectancy of the
18 plaintiff and include this amount in computing the total award
19 from which attorney fees are calculated under this section.
20 (d) Definitions.--As used in this section, the following
21 words and phrases shall have the meanings given to them in this
22 subsection:
23 "Professional negligence." A negligent act or omission to
24 act by a health care provider in the rendering of professional
25 services which is the proximate cause of a personal injury or
26 wrongful death if the services are within the scope of services
27 for which the provider is licensed and which are not within any
28 restriction imposed by the entity licensing the health care
29 provider.
30 "Recovered." The net sum recovered after deducting any
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1 disbursements or costs incurred in connection with prosecution
2 or settlement of the claim. Costs of medical care incurred by
3 the plaintiff and the attorney's office-overhead costs or
4 charges are not deductible disbursements or costs for such
5 purpose.
6 Section 2. All acts and parts of acts are repealed insofar
7 as they are inconsistent with this act.
8 Section 3. This act shall take effect in 60 days.
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