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What You Need to Know About the MCARE Act

Due to the recent passage of Senate Resolution 20 by the members of the Pennsylvania State Senate regarding potential changes to the MCARE Act, our team of injury lawyers in Reading, PA at Kozloff Stoudt feel that it’s essential to provide our clients and the residents of Pennsylvania with some basic, need-to-know information regarding the MCARE Act, which was signed into law in 2002.

Unless you’ve been directly involved in a medical malpractice lawsuit, the chances are slim that you’re familiar with the Medical Care Availability and Reduction of Error Act — that’s where we come in.

MCARE Act

The MCARE Act was created as a means of requiring hospitals and medical providers to carry no less than $500,000 in coverage for victims of medical malpractice — tender that is held in a special fund by the state treasury and is to be made available for affected victims in the event of medical negligence or malpractice. Without going into too much detail, obtaining said funds is a painstakingly arduous task that can take months or even years before plaintiffs receive compensation.

Unlike other civil lawsuits, which allow plaintiffs the ability to file their claim at the venue of their choosing, medical malpractice suits have different restrictions. Since the MCARE Act was established as law in 2002, personal injury victims of medical negligence or malpractice have been required to file their claim only in the county where said injury had occurred.

PA Senate Resolution 20

On February 5, 2019, the Pennsylvania State Senate passed Senate Resolution 20 by a vote of 31-18, which has opened a study to be conducted by the state Legislative Budget & Finance Committee to investigate the ways in which allowing medical malpractice plaintiffs to once again select their venue, could impact the state as a whole. The committee’s full study will examine the MCARE Act and its guidelines, as well as the act’s rule standards. They will hold no less than one public hearing prior to the beginning of the 2020 calendar year to discuss potential reforms.

Schedule a Consultation Today

Our highly-skilled injury law attorneys from Reading, PA  want to emphasize the importance of contacting our firm in the event of personal injury or medical malpractice to ensure your claim is dealt with appropriately. At Kozloff Stoudt, our primary objective is to get our clients the proper compensation after an injury. Call us today at 610-370-6700 to schedule a consultation and discuss all avenues of legal recourse that may be available to you.  

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