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Pennsylvania House of Representatives
07/17/2024 03:51 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20210&chamber=H&cosponId=37569
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: July 11, 2022 03:19 PM
From: Representative Nick Pisciottano and Rep. Martell Covington
To: All House members
Subject: Protecting Residents of Medical Facilities
 
Recently, we were made aware of a disparity in state law that grants sovereign immunity to medical facilities run by local government entities, while state-run and private facilities do not possess the same immunity protections. This means that residents at a county-run hospital or nursing home cannot sue that facility for medical professional liability, while residents at state-run facilities or privately-owned facilities can. This creates an unfair legal framework where residents at certain facilities have fewer rights and protections that others in similar circumstances.
 
Our legislation aims to correct that imbalance by adding an exception for medical professional liability to the Political Subdivision Tort Claims Act. This will allow residents at local government-run medical facilities to have the same rights to sue for violations as residents at state-run or private facilities.
 
Please join us in co-sponsoring this legislation.
 

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Introduced as HB2748