PRINTER'S NO. 4049
No. 2660 Session of 2008
INTRODUCED BY TURZAI, REICHLEY, DALLY, BENNINGHOFF, BEAR,
BOBACK, BOYD, CAPPELLI, CAUSER, CLYMER, CREIGHTON, CUTLER,
DALEY, DENLINGER, EVERETT, FAIRCHILD, GINGRICH, GODSHALL,
GRELL, HUTCHINSON, KAUFFMAN, KENNEY, MANN, MARSICO, MENSCH,
R. MILLER, MUSTIO, NAILOR, O'NEILL, PETRI, PICKETT, PYLE,
RAPP, REED, ROCK, RUBLEY, SAYLOR, SCAVELLO, S. H. SMITH,
SONNEY, STERN, R. STEVENSON, TRUE, VULAKOVICH AND WATSON,
JUNE 25, 2008
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 25, 2008
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for
3 certificates of merit in professional liability actions.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 7104. Certificate of merit.
9 (a) General rule.--No cause of action asserting a
10 professional liability claim may be filed with the court unless
11 a certificate of merit is included as provided under subsection
12 (b).
13 (b) Certificate of merit.--
14 (1) In filing a professional liability action with the
15 court as provided for under subsection (a), the plaintiff
1 shall include with the complaint a certificate of merit
2 containing a written and signed statement from an appropriate
3 licensed professional, identified by name and professional
4 designation, that one of the following applies:
5 (i) Based on the facts and circumstances contained
6 in the complaint and for the reasons stated as applied to
7 those facts, there exists a reasonable probability that
8 the care, skill or knowledge exercised or exhibited in
9 the treatment, practice or work that is the subject of
10 each allegation in the complaint fell outside acceptable
11 professional standards and that the conduct was a cause
12 in bringing about the harm.
13 (ii) The claim that the defendant deviated from an
14 acceptable professional standard is based solely on
15 allegations that the other licensed professionals for
16 whom the defendant is responsible deviated from an
17 acceptable professional standard.
18 (iii) Expert testimony of an appropriate licensed
19 professional is unnecessary for prosecution of the claim.
20 (2) No person shall be competent to execute a
21 certificate of merit or offer an expert opinion in a
22 professional liability action unless that person does all of
23 the following:
24 (i) Affirms that the person has read the complaint.
25 (ii) Possesses sufficient education, training,
26 knowledge and experience to provide credible, competent
27 testimony.
28 (iii) Provides a resume or curriculum vitae
29 attesting to the person's credentials for inclusion with
30 the complaint.
20080H2660B4049 - 2 -
1 (3) A separate certificate of merit shall be filed as to
2 each licensed professional against whom a claim is asserted.
3 (4) (i) A defendant who files a counterclaim asserting
4 a claim for professional liability shall file a
5 certificate of merit as required under this section.
6 (ii) A defendant or an additional defendant who has
7 joined a licensed professional as an additional defendant
8 need not file a certificate of merit unless the joinder
9 is based on acts of negligence that are unrelated to the
10 acts of negligence that are the basis for the claim
11 against the joining party.
12 (5) The court, upon good cause shown, may extend the
13 time for filing a certificate of merit for a period of not
14 more than 60 days.
15 Section 2. The addition of 42 Pa.C.S. § 7104 shall apply to
16 professional liability actions initiated on or after the
17 effective date of this section.
18 Section 3. This act shall take effect in 60 days.
F23L42MSP/20080H2660B4049 - 3 -