PENNSYLVANIA REFORMS

Joint and Several Liability Reform: SB 1089 (2002).  Bars application of the rule of joint and several liability in the recovery of all damages, except when a defendant has: (1) been found liable for intentional fraud or tort; (2) been held more than 60% liable; (3) been held liable for environmental hazards, or; (4) been held civilly liable as a result of drunk driving.  The 2002 joint and several liability law violated the single subject rule of the PA Constitution. DeWeese v. Weaver, 880 A.2d 54 & 824 A.2d 364 (Pa. Cmwlth. 2005).

Medical Liability Reform: Alternative Dispute Resolution: HB 2210 (1996).  Provides for alternative dispute resolution.

Medical Liability Reform: Collateral Source Rule Reform: HB 1802 (2002): 40 Pa. Cons. Stat. Ann. § 1301.602.  Prohibits a patient from suing for damages that were paid by a health insurer.

Medical Liability Reform: Frivolous Lawsuit Sanction: HB 2210 (1996).  Allows a court to impose sanctions for frivolous lawsuits.

Medical Liability Reform: Informed Consent: HB 2210 (1996).  Addresses informed consent.

Medical Liability Reform: Periodic Payment of Future Damages: HB 1802 (2002): 40 Pa. Cons. Stat. Ann. § 1301.832-A.  Allows for the periodic payment of future medical costs exceeding $100,000.

Medical Liability Reform: Periodic Payment of Future Damages: HB 2210 (1996).  Allows for the periodic payment of some future damages.

Medical Liability Reform: Pretrial procedures: HB 2210 (1996).  Provides for pretrial procedures.

Medical Liability Reform: Statute of Limitations: HB 1802 (2002).  Establishes a seven-year statute of limitations on medical liability actions.

Punitive Damages Reform: HB 2210 (1996).  Limits punitive damages to 200% of compensatory awards.  Raises the standard of defense in punitive damage cases to “willful or wanton misconduct or reckless indifference to the rights or others.”  Provides for bifurcated trials.