PRINTER'S NO.  197

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

198

Session of

2009

  

  

INTRODUCED BY GODSHALL, BENNINGHOFF, BEYER, BOYD, CLYMER, CREIGHTON, CUTLER, DENLINGER, EVERETT, FAIRCHILD, GINGRICH, GROVE, KORTZ, MOUL, MUSTIO, O'NEILL, PHILLIPS, PYLE, REED, ROSS, SWANGER AND TURZAI, FEBRUARY 2, 2009

  

  

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 2, 2009  

  

  

  

AN ACT

  

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Amending the act of March 20, 2002 (P.L.154, No.13), entitled

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"An act reforming the law on medical professional liability;

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providing for patient safety and reporting; establishing the

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Patient Safety Authority and the Patient Safety Trust Fund;

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abrogating regulations; providing for medical professional

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liability informed consent, damages, expert qualifications,

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limitations of actions and medical records; establishing the

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Interbranch Commission on Venue; providing for medical

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professional liability insurance; establishing the Medical

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Care Availability and Reduction of Error Fund; providing for

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medical professional liability claims; establishing the Joint

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Underwriting Association; regulating medical professional

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liability insurance; providing for medical licensure

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regulation; providing for administration; imposing penalties;

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and making repeals," providing for medical professional

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liability actions.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The act of March 20, 2002 (P.L.154, No.13), known

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as the Medical Care Availability and Reduction of Error (Mcare)

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Act, is amended by adding a section to read:

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Section 505.1.  Medical professional liability actions.

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(a)  General rule.--In any medical professional liability

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action against a health care provider based on professional

 


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negligence, the injured patient shall be entitled to recover

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noneconomic losses to compensate for pain, suffering,

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inconvenience, physical impairment, disfigurement and other

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nonpecuniary damage.

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(b)  Damages.--In no medical professional liability action

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shall the amount of damages for noneconomic losses exceed

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$250,000.

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(c)  Exclusion.--The provisions of this section shall not

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apply to a health care provider if the act or omission to act in

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the rendering of professional services was not in good faith and

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in a manner amounting to gross negligence or reckless, willful

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or wanton conduct.

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(d)  Definitions.--As used in this section, the following

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words and phrases shall have the meanings given to them in this

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subsection:

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"Professional negligence."  A negligent act or omission to

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act by a health care provider in the rendering of professional

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services which is the proximate cause of a personal injury or

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wrongful death if the services are within the scope of services

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for which the provider is licensed and which are not within any

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restriction imposed by the entity licensing the health care

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provider.

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Section 2.  All acts and parts of acts are repealed insofar

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as they are inconsistent with this act.

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Section 3.  This act shall take effect in 60 days.

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