1Amending the act of March 20, 2002 (P.L.154, No.13), entitled
2"An act reforming the law on medical professional liability;
3providing for patient safety and reporting; establishing the
4Patient Safety Authority and the Patient Safety Trust Fund;
5abrogating regulations; providing for medical professional
6liability informed consent, damages, expert qualifications,
7limitations of actions and medical records; establishing the
8Interbranch Commission on Venue; providing for medical
9professional liability insurance; establishing the Medical
10Care Availability and Reduction of Error Fund; providing for
11medical professional liability claims; establishing the Joint
12Underwriting Association; regulating medical professional
13liability insurance; providing for medical licensure
14regulation; providing for administration; imposing penalties;
15and making repeals," providing for medical professional
16liability actions.

17The General Assembly of the Commonwealth of Pennsylvania
18hereby enacts as follows:

19Section 1.  The act of March 20, 2002 (P.L.154, No.13), known
20as the Medical Care Availability and Reduction of Error (Mcare)
21Act, is amended by adding a section to read:

22Section 505.1.  Medical professional liability actions.

23(a)  General rule.--In any medical professional liability
24action against a health care provider based on professional

1negligence, the injured patient shall be entitled to recover
2noneconomic losses to compensate for pain, suffering,
3inconvenience, physical impairment, disfigurement and other
4nonpecuniary damage.

5(b)  Damages.--In no medical professional liability action
6shall the amount of damages for noneconomic losses exceed
7$250,000.

8(c)  Exclusion.--The provisions of this section shall not
9apply to a health care provider if the act or omission to act in
10the rendering of professional services was not in good faith and
11in a manner amounting to gross negligence or reckless, willful
12or wanton conduct.

13(d)  Definitions.--As used in this section, the following
14words and phrases shall have the meanings given to them in this
15subsection:

16"Professional negligence."  A negligent act or omission to 
17act by a health care provider in the rendering of professional 
18services which is the proximate cause of a personal injury or 
19wrongful death if the services are within the scope of services 
20for which the provider is licensed and which are not within any 
21restriction imposed by the entity licensing the health care 
22provider.

23Section 2.  All acts and parts of acts are repealed insofar
24as they are inconsistent with this act.

25Section 3.  This act shall take effect in 60 days.