PRINTER'S NO. 4102
No. 2722 Session of 2004
INTRODUCED BY PAYNE, CLYMER, ADOLPH, BALDWIN, BARRAR, BIRMELIN,
BOYD, S. E. CORNELL, CRAHALLA, DALLY, DENLINGER, FAIRCHILD,
FICHTER, FLICK, GILLESPIE, HARRIS, HERSHEY, HICKERNELL,
HUTCHINSON, KILLION, LEH, LEWIS, MAHER, McGILL, McILHATTAN,
METCALFE, MUSTIO, O'NEILL, PETRI, REED, REICHLEY, ROSS,
SATHER, SAYLOR, SCAVELLO, SCHRODER, T. STEVENSON,
E. Z. TAYLOR, TRUE, TURZAI, WATSON, WEBER, WRIGHT, RUBLEY,
EGOLF AND GODSHALL, JUNE 16, 2004
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 16, 2004
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, providing for medical professional liability
3 actions.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following amendment to the Constitution of
7 Pennsylvania is proposed in accordance with Article XI:
8 That section 18 of Article III be amended to read:
9 § 18. Compensation laws allowed to General Assembly.
10 (a) The General Assembly may enact laws requiring the
11 payment by employers, or employers and employees jointly, of
12 reasonable compensation for injuries to employees arising in the
13 course of their employment, and for occupational diseases of
14 employees, whether or not such injuries or diseases result in
15 death, and regardless of fault of employer or employee, and
1 fixing the basis of ascertainment of such compensation and the
2 maximum and minimum limits thereof, and providing special or
3 general remedies for the collection thereof[; but in].
4 (b) In a medical professional liability action involving a
5 medical professional liability claim brought against a licensed
6 health care professional or a health care facility, the General
7 Assembly may, by statute, limit the recovery of noneconomic
8 damages for injuries resulting in death, or for injuries to
9 persons.
10 (c) In no other cases shall the General Assembly limit the
11 amount to be recovered for injuries resulting in death, or for
12 injuries to persons or property, and in case of death from such
13 injuries, the right of action shall survive, and the General
14 Assembly shall prescribe for whose benefit such actions shall be
15 prosecuted.
16 (d) No act shall prescribe any limitations of time within
17 which suits may be brought against corporations for injuries to
18 persons or property, or for other causes different from those
19 fixed by general laws regulating actions against natural
20 persons, and such acts now existing are avoided.
21 Section 2. (a) Upon the first passage by the General
22 Assembly of this proposed constitutional amendment, the
23 Secretary of the Commonwealth shall proceed immediately to
24 comply with the advertising requirements of section 1 of Article
25 XI of the Constitution of Pennsylvania and shall transmit the
26 required advertisements to two newspapers in every county in
27 which such newspapers are published in sufficient time after
28 passage of this proposed constitutional amendment.
29 (b) Upon the second passage by the General Assembly of this
30 proposed constitutional amendment, the Secretary of the
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1 Commonwealth shall proceed immediately to comply with the
2 advertising requirements of section 1 of Article XI of the
3 Constitution of Pennsylvania and shall transmit the required
4 advertisements to two newspapers in every county in which such
5 newspapers are published in sufficient time after passage of
6 this proposed constitutional amendment. The Secretary of the
7 Commonwealth shall submit this proposed constitutional amendment
8 to the qualified electors of this Commonwealth at the first
9 primary, general or municipal election which meets the
10 requirements of and is in conformance with section 1 of Article
11 XI of the Constitution of Pennsylvania and which occurs at least
12 three months after the proposed constitutional amendment is
13 passed by the General Assembly.
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