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PA SB340

PA SB340
In medical professional liability, further providing for definitions and for expert qualifications.


summary

Introduced
02/26/2025
In Committee
02/26/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

Amending the act of March 20, 2002 (P.L.154, No.13), entitled "An act reforming the law on medical professional liability; providing for patient safety and reporting; establishing the Patient Safety Authority and the Patient Safety Trust Fund; abrogating regulations; providing for medical professional liability informed consent, damages, expert qualifications, limitations of actions and medical records; establishing the Interbranch Commission on Venue; providing for medical professional liability insurance; establishing the Medical Care Availability and Reduction of Error Fund; providing for medical professional liability claims; establishing the Joint Underwriting Association; regulating medical professional liability insurance; providing for medical licensure regulation; providing for administration; imposing penalties; and making repeals," in medical professional liability, further providing for definitions and for expert qualifications.

AI Summary

This bill amends the Medical Care Availability and Reduction of Error (Mcare) Act to modify provisions related to medical professional liability lawsuits, specifically focusing on certificate of merit requirements and expert witness qualifications. The bill clarifies that a certificate of merit must now specify how a healthcare provider deviated from acceptable professional standards, and must be signed by either the plaintiff's attorney or the plaintiff themselves if unrepresented. It restricts expert witnesses to those with an unrestricted physician's license in Pennsylvania, who are actively practicing or teaching in the same or similar medical specialty as the defendant. The bill tightens expert witness requirements, mandating that experts be substantially familiar with the specific standard of care at the time of the alleged breach, practice in the same or a substantially similar subspecialty, and be board-certified in a similar specialty. The legislation allows some limited judicial discretion in waiving these requirements under specific circumstances, such as when an expert can demonstrate sufficient training or experience in a related medical field. Experts must now provide their contact information and curriculum vitae with the certificate of merit, and the changes will take effect 180 days after the bill's passage.

Committee Categories

Justice

Sponsors (3)

Last Action

Referred to Judiciary (on 02/26/2025)

bill text


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