Medical Liability

Home > Advocate > Topics > Medical Liability Liability<p><img class="ms-rtePosition-2" src="/PublishingImages/MedicalLiability.jpg" alt="" style="margin:5px;" />PAMED is leading the charge to achieve meaningful tort reforms for physicians across the state. Faced with a particularly steep constitutional challenge to secure a cap on non-economic damages, the focus has been on nearly a dozen different tort reforms that have helped stabilize the market.</p><p>Find out more about these three recent medical liability cases with potential impact on the practice of medicine in Pennsylvania:</p><p><a href=""><strong>Review of Venue Decision in Medical Malpractice Case</strong></a></p><p><a href=""><strong>Case with Implications for Peer Review Process Confidentiality</strong></a></p><p><a href=""><strong>Case on Informed Consent Requirement</strong></a> </p> Supreme Court Issues Decision Regarding Statute of Limitations in Survival Actions<p>​On Nov. 22, 2017, the Pennsylvania Supreme Court issued a decision on a the statute of limitations for survival actions. Get background on the case and find out what the Court decided.<br></p> Supreme Court to Hear Case with Implications for Medical Liability Evidence <p>The Pa. Supreme Court has agreed to hear a case that could affect what evidence physicians may present in defense of medical liability claims. Get background on the case and what it means for physicians.<br></p> Delays $200M Fund Transfer from Pennsylvania Joint Underwriting Association to State <p>The implementation of a law requiring the JUA to turn over $200 million of its reserve funds to the Commonwealth has been delayed. An order issued by a U.S. District Court judge temporarily blocks the state from taking funds from the JUA to balance the state's budget.<br></p> Laws Would Allow State to Take $200 Million from the JUA to Balance the Budget<p>​Two bills signed into law Oct. 30, 2017, would require the Pennsylvania Professional Liability Joint Underwriting Association to pay $200 million to the state or face abolishment.</p> Look at Pennsylvania’s Medical Malpractice Statistics for 2016 <p>​Pennsylvania has released its medical malpractice statistics for the 2016 calendar year. Here's a closer look at the numbers.<br></p>Physicians;# Supreme Court to Hear Medical Liability Case with Statute of Limitations Implications<p>​The Pennsylvania Supreme Court has agreed to hear an appeal in a medical liability case that could have implications on Pennsylvania’s statute of limitations for medical liability claims. Here's a closer look at the case and how Facebook posts from the plaintiff are involved.</p>’s What Pennsylvania Physicians Are Saying about Informed Consent: PAMED Survey Results<p>​On June 20, 2017, the Pa. Supreme Court ruled that physicians alone must obtain informed consent from patients before performing medical procedures. PAMED released survey to assess how the Shinal v. Toms ruling was affecting how physicians serve their patients. Here are the results.<br></p> DOH Rescinding Guidance on Insertion of Peripherally Inserted Central Catheter (PICC) Line<p>​The Pa. Department of Health is rescinding in its entirety guidance dated Nov. 12, 2012, regarding the Insertion of Peripherally Inserted Central Catheter (PICC) Line, and on administering and obtaining consent for blood transfusions. <br></p> House Passes Medical Liability Bill Which Seeks to Cap Non-Economic Damages<p>​On June 28, 2017, the U.S. House of Representatives passed a medical liability bill that, if enacted, would provide Pennsylvania with a cap on non-economic damages and limits on contingency fees. The bill now moves to the Senate for consideration.<br></p> Supreme Court Ruling Impacts How Physicians Obtain Informed Consent <p>In a decision regarding the Medical Care Availability and Reduction of Error (Mcare) Act’s informed consent requirement, the Pennsylvania Supreme Court has ruled that a physician cannot rely upon staff to disclose the sufficient information required to obtain a patient’s informed consent. Get details on the case.<br></p> Superior Court Rules in Medical Liability Case Involving Venue Decision <p>A Pennsylvania Superior Court decision issued on July 19, 2017, has serious ramifications on the appropriate venue for medical professional liability suits. The Superior Court ruled that the transmittal and reading of an echocardiogram was sufficient for the rendering of health care services. </p> Supreme Court Considering Medical Malpractice Case with Implications for Peer Review Process Confidentiality<p>​The Pennsylvania Supreme Court is in the process of considering an important issue regarding the Peer Review Protection Act, which could significantly impact the confidentiality of the peer review process for some physicians and professional health care providers in the commonwealth.<br></p> AgreementsWhen It Comes to Arbitration Agreements Involving Incompetent Patients, Pennsylvania Courts Set High Standard<p>​The Pennsylvania courts continue to set a high standard for how consent to arbitrate a medical professional liability claim must be obtained when the patient is incompetent and cannot personally sign the agreement. </p> Against Defense Attorney in Medical Liability Case Reversed by PA Superior Court ​<span><span>PA Superior Court concluded that the trial court erred in finding that defense attorney Nancy Raynor was in contempt and, subsequently, vacated the approximately $1 million in sanctions imposed on her. </span></span>PAMED had filed an amicus brief in an appeal of severe sanctions imposed by the trial court judge in a medical professional liability action against her physician client.Physicians;# of Benefits of Act 13​The Pennsylvania Medical Society provides an overview of the benefits of Act 13.Physicians;#

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