1. Venue in medical professional liability actions. (a) Declaration of policy.-- In accordance with section 514(a) of the act of March 20, 2002 (P.L.154, No.13), known
Pennsylvania Consolidated Statutes
Section: 51011
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 51011
§ 5101.1. Venue in medical professional liability actions. (a) Declaration of policy.-- In accordance with section 514(a) of the act of March 20, 2002 (P.L.154, No.13), known
as the Medical Care Availability and Reduction of Error (Mcare) Act, and as a matter
of public policy, the General Assembly further declares the need to change the venue
requirements for medical professional liability actions. (b) General rule.-- Notwithstanding any other provision to the contrary, a medical professional liability
action may be brought against a health care provider for a medical professional liability
claim only in the county in which the cause of action arose. (c) Definitions.-- As used in this section, the following words and phrases shall have the meanings given
to them in this subsection: "Birth center." An entity licensed as a birth center under the act of July 19, 1979 (P.L.130, No.48),
known as the Health Care Facilities Act. "Health care provider." A primary health care center, a personal care home licensed by the Department of Public
Welfare pursuant to the act of June 13, 1967 (P.L.31, No.21), known as the Public
Welfare Code, or a person, including a corporation, university or other educational
institution licensed or approved by the Commonwealth to provide health care or professional
medical services as a physician, a certified nurse midwife, a podiatrist, hospital,
nursing home, birth center, and an officer, employee or agent of any of them acting
in the course and scope of employment. "Hospital." An entity licensed as a hospital under the act of June 13, 1967 (P.L.31, No.21), known
as the Public Welfare Code, or the act of July 19, 1979 (P.L.130, No.48), known as
the Health Care Facilities Act. "Medical professional liability action." Any proceeding in which a medical professional liability claim is asserted, including
an action in a court of law or an arbitration proceeding. "Medical professional liability claim." Any claim seeking the recovery of damages or loss from a health care provider arising
out of any tort or breach of contract causing injury or death resulting from the furnishing
of health care services which were or should have been provided. "Nursing home." An entity licensed as a nursing home under the act of July 19, 1979 (P.L.130, No.48),
known as the Health Care Facilities Act. "Primary health care center." A community-based nonprofit corporation meeting standards prescribed by the Department
of Health which provides preventive, diagnostic, therapeutic and basic emergency health
care by licensed practitioners who are employees of the corporation or under contract
to the corporation. (Oct. 17, 2002, P.L.880, No.127, eff. 60 days; Dec. 9, 2002, P.L.1705, No.215, eff.
60 days) 2002 Amendments. Act 127 added section 5101.1 and Act 215 amended the def. of "health care provider"
in subsec. (c). Section 5 of Act 127 provided that section 5101.1 shall apply to all
medical professional liability actions filed on or after the effective date of section
5. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as
the Department of Human Services by Act 132 of 2014. The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare
Code, referred to in subsection (c), was amended by the act of December 28, 2015,
P.L.500, No.92. The amended short title is now the Human Services Code. Cross References. Section 5101.1 is referred to in section 931 of this title.
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