A coalition of business and health-care organizations today expressed support for a number of commonsense lawsuit abuse reforms that will vastly improve Pennsylvania's medical and civil liability climates.
The collective call for reform came as nearly 100 business, medical and community leaders met in Harrisburg and by webcast to share research on why legal reform is needed in the Commonwealth and to promote solutions to end frivolous lawsuits and reduce outrageous and unpredictable legal costs that ultimately hurt employers, families and communities.
"A state's legal climate has a direct bearing on job creation; the cost of goods and services; and the cost and availability of health care; and impacts business decisions, such as where to locate or expand, and even new product research and development," said Pennsylvania Chamber Vice President Gene Barr. "Pennsylvania's legal system – one of the worst, if not the worst, in the nation – hinders all of these areas."
American Tort Reform Association President Tiger Joyce echoed those concerns.
"With certain judges in Philadelphia bent on making Pennsylvania the most inviting state in the nation for litigation tourism, it's incumbent upon the legislature and Gov. Corbett to otherwise rein in the lawsuit industry's abuse of the civil justice system," Joyce said. "Such abuse takes a significant toll on every job seeker, health-care patient, taxpayer and consumer in the Keystone State, and it's time for policymakers in Harrisburg to enact reasonable reforms."
The coalition is advocating a number of reforms, starting with enactment once and for all of Fair Share Act legislation, which would repeal the unfair legal doctrine of joint and several liability. Under joint and several liability, a defendant found only 1 percent at fault can be held responsible for the entire verdict and financial damages award.
"The first step in creating a legal climate that will help Pennsylvania to grow jobs is to join the dozens of states that have abandoned joint and several liability to create a fairer system in which financial liability is related to responsibility for causing the harm or damage," said Pennsylvania Business Council President and CEO David W. Patti, whose organization hosted the Legal Reform Summit. "An unfair system that uses private companies, public entities, and famous people as the 'deep pockets' to try to make injured parties whole makes Pennsylvania an unattractive place to live, work, or run a firm."
Joint and several liability reform is just one of the reasonable reforms sought, however. Members of the coalition are seeking action on a comprehensive lawsuit abuse reform package that includes reasonable protections for manufacturers and innocent sellers of products; an end to venue-shopping in all civil liability cases; fair limitations on non-economic damages; and the ability of health-care providers to acknowledge, express empathy for, or take ownership of an unforeseen outcome without the risk of retaliatory litigation based solely on those statements.
"Pennsylvania should join the vast majority of other states and quickly pass apology legislation, which allows health-care providers to talk openly with patients without fear that what they say can be used against them in a lawsuit," said Pennsylvania Health Care Association and Center for Assisted Living Management President and CEO Stuart H. Shapiro, M.D. "Importantly, apology legislation does not relieve a health-care provider of responsibility for an adverse outcome."
With legislative leaders and Gov. Tom Corbett having expressed specific support for re-enactment of the Fair Share Act and backing for lawsuit abuse reform in general, supporters are hopeful for meaningful progress this legislative session.
"Continued reforms to the state's legal system will inject fairness, common sense and personal responsibility into the system," Hospital and Health system Association of Pennsylvania President and CEO Carolyn F. Scanlan said. "For hospitals, patients and communities, this means improved access to care, lower health-care costs and critical job growth."
For more information visit the PA Business Council website.
