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.