Bard Bill Eases Pressure on System for Settling Medical Liability Cases 

HARRISBURG—Montgomery County lawmaker Rep. Ellen M. Bard (R-153) is introducing legislation that would reduce the costs and time inefficiency associated with resolving medical liability disputes in the Commonwealth.

Specifically, Bard’s legislation—the Medical Professional Liability Courts Act—creates a separate court system to resolve medical liability cases whereby a judge with expertise in health care matters would preside over cases and special rules would streamline the legal proceedings.

"We are facing a potential crisis whereby more and more physicians are leaving the state because they can’t afford the costs of our medical liability system in Pennsylvania, which are made outrageous because we lack an efficient system for adjudicating cases," Bard said. "We must reform the system now. This bill is an important piece of the solution, with the others being tort reform and an overhaul of the way physicians obtain medical liability coverage."

Bard’s bill:

• Adds the Medical Malpractice Court to the Judicial System in Pennsylvania.
• Sets forth rules for medical professional liability claims.
• Specifies the organization and jurisdiction for both the Medical Malpractice Court and the Appellate Division of the Medical Malpractice Court.
• Creates a Medical Malpractice Court Qualifications Commission.
• Delineates a selection and retention process for judges of the Medical Malpractice Court.
• Establishes a Medical Malpractice Court Fund to pay for the operating and capital expenses of the Medical Malpractice Court.

Bard noted that only New York pays out more than Pennsylvania in malpractice awards, while Philadelphia alone paid out more in 1998 malpractice cases than the entire state of California. A recent $100 million jury award in Philadelphia was the third largest in the nation over the last ten years.

Bard’s bill will be assigned to committee shortly.