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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GODSHALL, BOYD, CLYMER, CREIGHTON, CUTLER, EVERETT, GINGRICH, GROVE, KAUFFMAN, KNOWLES, OBERLANDER, REED, ROAE, ROCK, ROSS, SCHRODER, SWANGER, TALLMAN AND VULAKOVICH, JANUARY 27, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 27, 2011 |
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| AN ACT |
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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 medical professional |
16 | liability actions. |
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. Medical professional liability actions. |
23 | (a) General rule.--In any medical professional liability |
24 | action against a health care provider based on professional |
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1 | negligence, the injured patient shall be entitled to recover |
2 | noneconomic losses to compensate for pain, suffering, |
3 | inconvenience, physical impairment, disfigurement and other |
4 | nonpecuniary damage. |
5 | (b) Damages.--In no medical professional liability action |
6 | shall the amount of damages for noneconomic losses exceed |
7 | $250,000. |
8 | (c) Exclusion.--The provisions of this section shall not |
9 | apply to a health care provider if the act or omission to act in |
10 | the rendering of professional services was not in good faith and |
11 | in a manner amounting to gross negligence or reckless, willful |
12 | or wanton conduct. |
13 | (d) Definitions.--As used in this section, the following |
14 | words and phrases shall have the meanings given to them in this |
15 | subsection: |
16 | "Professional negligence." A negligent act or omission to |
17 | act by a health care provider in the rendering of professional |
18 | services which is the proximate cause of a personal injury or |
19 | wrongful death if the services are within the scope of services |
20 | for which the provider is licensed and which are not within any |
21 | restriction imposed by the entity licensing the health care |
22 | provider. |
23 | Section 2. All acts and parts of acts are repealed insofar |
24 | as they are inconsistent with this act. |
25 | Section 3. This act shall take effect in 60 days. |
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