42 Pa. C.S. § 5101.1

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 5101.1 - Venue in medical professional liability actions

(a) Declaration of policyIn accordance with section 514(a) of the act of March 20, 2002 (P.L. 154, No. 13) , known as the Medical Care Availability and Reduction of Error (MCARE) Act, and as a matter of public policy, the General Assembly further declares the need to change the venue requirements for medical professional liability actions.

(b) General ruleNotwithstanding any other provision to the contrary, a medical professional liability action may be brought against a health care provider for a medical professional liability claim only in the county in which the cause of action arose.

(c) DefinitionsAs used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Birth center." An entity licensed as a birth center under the act of July 19, 1979 (P.L. 130, No. 48) , known as the Health Care Facilities Act.

"Health care provider." A primary health care center, a personal care home licensed by the Department of Public Welfare pursuant to the act of June 13, 1967 (P.L. 31, No. 21), known as the Public Welfare Code, or a person, including a corporation, university or other educational institution licensed or approved by the Commonwealth to provide health care or professional medical services as a physician, a certified nurse midwife, a podiatrist, hospital, nursing home, birth center, and an officer, employee or agent of any of them acting in the course and scope of employment.

"Hospital." An entity licensed as a hospital under the act of June 13, 1967 (P.L. 31, No. 21), known as the Public Welfare Code, or the act of July 19, 1979 (P.L. 130, No. 48), known as the Health Care Facilities Act.

"Medical professional liability action." Any proceeding in which a medical professional liability claim is asserted, including an action in a court of law or an arbitration proceeding.

"Medical professional liability claim." Any claim seeking the recovery of damages or loss from a health care provider arising out of any tort or breach of contract causing injury or death resulting from the furnishing of health care services which were or should have been provided.

"Nursing home." An entity licensed as a nursing home under the act of July 19, 1979 (P.L. 130, No. 48), known as the Health Care Facilities Act.

"Primary health care center." A community-based nonprofit corporation meeting standards prescribed by the Department of Health which provides preventive, diagnostic, therapeutic and basic emergency health care by licensed practitioners who are employees of the corporation or under contract to the corporation.

42 Pa.C.S. § 5101.1

2002, Oct. 17, P.L. 880, No. 127, § 3, effective in 60 days. Amended 2002, Dec. 9, P.L. 1705, No. 215, § 2, effective in 60 days. Affected 2007, July 25, P.L. 402, No. 56, §8(2), effective in 90 days [ 10/23/2007].