Posted: | December 12, 2012 12:37 PM |
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From: | Senator Michael J. Stack |
To: | All Senate members |
Subject: | Panel to resolve Medical Malpractice Disputes |
I am introducing legislation that will create a mandatory arbitration panel to resolve medical malpractice disputes. The legislation will require a three person arbitration panel to review any medical malpractice complaints filed in a Court of Common Pleas. The three person panel shall consist of an attorney, a medical professional, and senior judge from the county where the action is filed. The decision and awards by the arbitration panel can be appealed by either party. Furthermore, the arbitration process does not prevent either party from seeking a jury trial following the arbitration decision. Either party may introduce the arbitration panel’s recommendations or awards as evidence during the jury trial. The arbitration panel will sunset in 5 years. The Legislative Budget and Finance Committee will study the effectiveness of the program and issue a report 6 months before the sunset of the mandatory arbitration panel. The report will give the General Assembly data to decide whether or not to continue the arbitration program. If you have any additional questions, please do not hesitate to contact my office at 717-787-9608. Thank you. |