Medical Liability

Due to PAMED's strong advocacy in Harrisburg, informed consent legislation crossed the finish line before summer recess as Gov. Wolf signed it into law as Act 61 on June 30, 2021.

On Feb. 22, 2021, the Pennsylvania Superior Court issued a decision in the case of Dockery v. Thomas Jefferson University Hospitals, Inc., et al. upholding the trial court’s order to transfer a medical professional liability case out of Philadelphia County and thereby also upholding the existing venue rule and statute for medical professional liability actions.

On Dec. 22, 2020, in a 6-1 decision, the Pa. Supreme Court ruled that a lawsuit against the doctors who did not take steps to involuntarily commit a man who killed one person and injured others in a March 2012 shooting at Western Psychiatric Institute and Clinic cannot go forward.

On Dec. 10, 2020, the Pennsylvania Supreme Court dismissed an appeal by the plaintiffs in the case of Kirksey v. Children’s Hospital of Pittsburgh et al. Find out what this means.

The brief seeks to overturn a ruling by the U.S. District Court for the Eastern District of Pennsylvania that certified a class of plaintiffs in a case against the Educational Commission for Foreign Medical Graduates.

Get details on the potential impact on doctors, their staff, and patients if the Pa. Supreme Court adopts the plaintiff's theories.

The Superior Court concluded that it was improper for the plaintiffs to read text from a textbook to support their claims of negligence.

The case examined the extent to which mental health professionals must warn third parties when a patient makes threats of serious bodily injury.

PAMED has created a detailed analysis of the venue report’s findings. We believe the LBFC study does little to support proposed changes to the current venue rule.

The court rules that the statute of repose, which limits the filing of most medical professional liability claims to seven years, is unconstitutional.

The JUA has shared a proposal to fund up to 50 percent of the cost of medical liability insurance tail coverage for residents and fellows affected by the Hahnemann closure.

The judge declined to grant the JUA an injunction blocking the latest attempt of a state takeover of the JUA by the Pennsylvania General Assembly.