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Healthcare Law Briefs
April 16, 2004
Malpractice Update
Federal Tort Reform
Senate
Republicans failed a second time this year to begin floor debate on
S.2207, which would place federal limits on malpractice suits involving
the following medical services: ER, trauma care, and OB/GYN care. The
legislation would:
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Cap
noneconomic damages at $250,000
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Not limit
recovery of economic damages
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Limit
punitive damages to the lesser of 200% of the economic recovery or
$250,000.
Pennsylvania Tort Reform
The
Pennsylvania Supreme Court announced the following new statewide
procedural rule changes intended to improve the courts' handling of
malpractice cases.
-
Healthcare
providers may request mediation
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Either
party may request production of experts' reports as part of pre-trial
discovery and the court may exclude testimony by an expert if the
respective party has not produced that expert's report.
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Provide
scheduling procedures to compel the parties to proceed without undue
delay.
Asset Protection Program
Tucker
Arensberg is planning a series of client seminars to explain asset
protection and financial planning issues. Mike Cassidy, who serves on
the Pennsylvania Bar Association's Malpractice Reform Task Force will
discuss tort reform developments in Pennsylvania. Watch our email news
for announcements.
<Top
>For more information about the
topics presented in this newsletter please contact one of the
Healthcare
Attorneys:
Read
the March 2004 issue of our HEALTHCARE
NEWSLETTER.
 Tucker Arensberg,
P.C.
1500 One PPG
Place Pittsburgh, PA 15222 412/566-1212
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