Quality healthcare is vital to our families and communities. Frivolous lawsuits threaten the availability of healthcare through increased medical liability costs and doctors being forced to practice defensive medicine. Predatory tactics of aggressive out-of-state lawyers threaten the existence of Pennsylvania’s elder care in long-term and skilled nursing facilities. Fairness demands a balance that protects patients and the heroes who care for them.
Pennsylvania voters have spoken. Voters approved all four statewide ballot questions and we now know what the Republican and Democrat fields will look like in the appellate court races this fall. Also decided were four special elections, two in the House and two in the Senate. Here is a full accounting of the unofficial election results:Read Now
Reibenstein vs. Conaboy
1.Whether the Supreme Court should rule that “cause of death”, as it appears in MCARE’s statute of limitations (40 P.S. § 1303.513(d) (“Statute of Repose”)), refers to medical cause of death, and not “conduct leading to death” (or legal cause of death) as held by the Superior Court.
2. Whether the statute of limitations in a wrongful death or survival act claim may only be tolled under section 513(d) of MCARE (40 P.S. § 1303.513(d) (“Statute of Repose”)), where a plaintiff proves that the defendant against whom the claims are asserted (and not a third party) affirmatively misrepresented or fraudulently concealed decedent’s cause of death?
Status: Briefs filed
Pandemic Liability Protections — House Version
Bill #HB 605
HB 605 provides for limited COVID-19-related liability to manufacturers and others who provide Personal Protective Equipment (PPE), certain medical services, and who have opened up their businesses and followed CDC guidelines.
Passed the House on April 6, 2021 by a vote of 107 to 94; referred to Senate Judiciary
Pandemic Liability Protections — Senate Version
Bill #SB 273
SB 273 provides for limited COVID-19-related liability to manufacturers and others who provide Personal Protective Equipment (PPE), certain medical services, and who have opened up their businesses and followed CDC guidelines.
Referred to Senate Judiciary
Lawyers Attempting To Get Documents They Aren’t Entitled To
Bill #HB 161
HB 161 would allow Department of Health surveys and inspections to be used in civil cases involving care of patients.
Referred to House Health Committee