Bill > HB2088

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 expert qualifications and certificates of merit. The bill clarifies that a certificate of merit must now specify how a healthcare provider deviated from acceptable professional standards, including whether the deviation is based on the actions of other professionals. The bill also tightens requirements for experts providing testimony or statements in medical liability cases, restricting 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 mandates that experts testifying about standard of care must be substantially familiar with the applicable standard at the time of the alleged breach, practice in the same or a substantially similar subspecialty, and preferably be board-certified in the same specialty. The legislation allows some judicial discretion in waiving certain requirements, but significantly restricts such waivers for statements supporting certificates of merit. Experts must now include their contact information and curriculum vitae with their statements, and the certificate of merit can be filed either with the initial complaint or within 60 days of the lawsuit's commencement, with justification required for any delay. The act will take effect 180 days after its passage.

Justice

https://www.palegis.us/legislation/bills/2025/hb2088