Health Justice Transformation- Pennsylvania

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

Constitution prohibits caps on non-economic damages. Punitive damages are capped at two times actual damages.

Joint Liability for Multiple Defendants

No. Struck down by Commonwealth Court in 2005.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. Awards are reduced by the amount paid to plaintiff by other sources.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes, for economic damages that exceed $100,000 unless plaintiff objects.

Limitation of Plaintiff’s Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Mandatory arbitration law was held unconstitutional based on the right to a jury trial.

Standards for Expert Testimony/Witness

Expert testimony must be presented to establish the requisite standard of care, unless negligence is obvious to the lay person. Experts must be a licensed physician who is actively engaged in clinical practice or teaching and experienced in the care at issue. Experts must practice in the same or similar specialty as the defendant and board certified, if applicable, as the defendant.