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PA Physician Liability Law – Fair Share Act

The LawVictory for Physicians!

The Fair Share Act eliminates joint and several liability in cases where the defendant is found to be less than 60% liable (except for circumstances including intentional misrepresentation, intentional torts, environmental contamination crimes or liquor law violations).

In layman’s terms, this means that if a physician is involved in a medical malpractice lawsuit with other defendants and is found to be less than 60% liable, he would not have to pay more than his share of the damages. The current law holds all guilty defendants potentially liable for 100% of damages if their co-defendants cannot pay for the negligence resulting in death or injury to a person or party. “Pennsylvania has long been known for its tort climate,” said Tim Burris, Chairman of Insurance Agents & Brokers of Pennsylvania. “The act is a win for consumers, businesses and the insurance industry, which all carry the financial burdens of such a litigious environment.”

Pennsylvania Governor Tom Corbett signed the Fair Share Act into law on June 28, 2011 bringing it into alignment with laws of 40 other states.


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