Pennsylvania Passes Fair Share Act to Bring Down Medical Malpractice Insurance Costs

side note: This is big news for Pennsylvania. Long a hostile medical liability climate, the state’s new governor made good on his promise to address Pennsylvania’s tort laws. What effect will the “Fair Share Act” have on medical malpractice insurance costs? It will likely be several years before the new legislation has an impact on premiums, but it should have a deflating influence.

On June 28, 2011, Pennsylvania Governor Tom Corbett signed the highly controversial Act 17 of 2011 into law. This legislation has become popularly known as “The Fair Share Act,” as Defendants found to be less than sixty percent (60%) at fault in particular litigation are only to be responsible for paying their percentage of apportioned fault. Described in another way, the legislation protects a Defendant from having to make full payment on damages should another liable Defendant not have the resources to pay their share of the liability. The legislation applies to “all actions brought to recover damages for negligence resulting in death or injury to person or property.”

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