State Advocacy

Important Liability Reform Passed; Time to Say Thanks

After a nearly decade-long effort to reform Pennsylvania’s legal system by removing a loophole that contributes to our state having one of the worst legal climates in the nation, the Fair Share Act was signed into law.

The Fair Share Act eliminates “joint and several liability” for any defendant found to be less than 60 percent liable for causing an injury. Some 40 other states have made this common-sense change that will keep lawyers from forcing a defendant to pay 100 percent of monetary damages, even if they only were found to be 1 percent at fault.

Similar acts were approved by the General Assembly in 2002 and signed into law by then-Governor Schweiker. The act was later over turned by the state Supreme Court on a procedural technicality. Another similar act was approved again by the General Assembly in 2006, but was vetoed by then-Governor Rendell, after he pledged as a candidate to support the reform.

In his March budget address, current Governor Tom Corbett called on Pennsylvania’s legislature to again pass the Fair Share Act to improve access to health care in communities and make Pennsylvania more business friendly. “… The General Assembly has passed this reform before. I’m asking you to pass it again. You now have a governor who will sign it,” said Corbett. As promised, the Governor signed the bill into law on June 29.

Pennsylvania’s hospital community urged lawmakers to support the effort, which took several months and spanned several bills. The CareforPA family was a major part of the effort, sending thousands of emails alone. We thank you for your support! Please take a moment to email your lawmakers today to thank them for their support as well.

Pennsylvania’s hospital community will continue to press for two other common-sense legal reforms that are needed in our state:

• Ensure that health care providers can apologize and offer expressions of grief, without their words being used against them in court. 
• Ensure that health care professionals are protected from baseless claims.

When combined with the recent passage of the Fair Share Act, these items would help to reduce medical costs, increase the number of physicians that want to practice in our state, and define Pennsylvania as a state serious about its residents and their health care.