PRIOR PRINTER'S NO. 3416 PRINTER'S NO. 3530
No. 2520 Session of 1988
INTRODUCED BY DeWEESE, REBER, KOSINSKI, COY, BATTISTO, LaGROTTA,
TIGUE, GAMBLE, RITTER, MORRIS, GODSHALL, BELFANTI, TRELLO,
SHOWERS, YANDRISEVITS, COLAFELLA, PRESSMANN, HARPER AND D. W.
SNYDER, JUNE 6, 1988
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 22, 1988
AN ACT
1 Amending the act of October 15, 1975 (P.L.390, No.111), entitled
2 "An act relating to medical and health related malpractice
3 insurance, prescribing the powers and duties of the Insurance
4 Department; providing for a joint underwriting plan; the
5 Arbitration Panels for Health Care, compulsory screening of
6 claims; collateral sources requirement; limitation on
7 contingent fee compensation; establishing a Catastrophe Loss
8 Fund; and prescribing penalties," further providing for
9 practice and procedure in medical malpractice actions.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 507 of the THE act of October 15, 1975 <--
13 (P.L.390, No.111), known as the Health Care Services Malpractice
14 Act, is amended BY ADDING A SECTION to read: <--
15 Section 507. [Appointment of] Expert Witnesses.--(a) The <--
16 arbitration panel may, upon the application of either party or
17 upon its own motion, appoint a disinterested and qualified
18 expert to make any necessary professional or expert examination
19 of the claimant or relevant evidentiary matter and to testify as
1 a witness in respect thereto. Such an expert witness shall be
2 allowed necessary expenses and a reasonable fee to be fixed and
3 paid by the arbitration panel.
4 (b) In a claim against a health care provider who is not a
5 board-certified specialist, in which expert testimony is
6 required, an expert shall not be permitted to testify on issues
7 relating to standard of care, deviation or compliance therewith,
8 and proximate cause, unless the expert, by virtue of education,
9 training and experience, is knowledgeable concerning the subject
10 matter of the issue or issues, for which the testimony of the
11 witness is being offered.
12 (c) In a claim against a health care provider who is a
13 board-certified specialist, in which expert testimony is
14 required, no person who is not board-certified in the same
15 medical specialty shall be permitted to testify as an expert
16 unless the board determines that the person has educational and
17 professional knowledge as a general foundation for testimony, is
18 duly licensed, has experience and familiarity with the medical
19 subject that is being considered and is engaged in the practice
20 of medicine.
21 SECTION 104. EXPERT WITNESSES.--IN A CLAIM AGAINST A HEALTH <--
22 CARE PROVIDER WHO IS A BOARD-CERTIFIED SPECIALIST AND IN WHICH
23 EXPERT TESTIMONY IS REQUIRED, NO PERSON WHO IS NOT BOARD-
24 CERTIFIED IN THE SAME HEALTH CARE SPECIALTY SHALL BE PERMITTED
25 TO TESTIFY AS AN EXPERT UNLESS:
26 (1) THE ARBITRATION PANEL OR COURT DETERMINES THAT THE
27 PERSON IS DULY LICENSED AND IS ENGAGED IN THE PRACTICE OR
28 TEACHING OF THE SAME HEALTH CARE SPECIALTY; OR
29 (2) THE ARBITRATION PANEL OR COURT, WITH RESPECT TO A PERSON
30 OFFERED AS AN EXPERT WHO IS NOT A LICENSED HEALTH CARE PROVIDER
19880H2520B3530 - 2 -
1 OR IS NOT ENGAGED IN THE PRACTICE OR TEACHING OF THE SAME HEALTH
2 CARE SPECIALTY, DETERMINES THAT THE PERSON, BY VIRTUE OF
3 EDUCATION, TRAINING AND EXPERIENCE, POSSESSES SPECIAL KNOWLEDGE
4 CONCERNING THE SUBJECT MATTER OF THE ISSUE OR ISSUES FOR WHICH
5 THE TESTIMONY OF THE WITNESS IS BEING OFFERED.
6 Section 2. This act shall take effect in 60 days.
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