HB2088: In medical professional liability, further providing for definitions and for expert qualifications.

2685 PRINTER'S NO. THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL 2088 Session of No. 2025 INTRODUCED BY CUTLER, KUZMA, WATRO AND PICKETT, DECEMBER 9, 2025 REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 9, 2025 AN ACT 1 Amending the act of March 20, 2002 (P.L.154, No.13), entitled 2 "An act reforming the law on medical professional liability; 3 providing for patient safety and reporting; establishing the 4 Patient Safety Authority and the Patient Safety Trust Fund; 5 abrogating regulations; providing for medical professional 6 liability informed consent, damages, expert qualifications, 7 limitations of actions and medical records; establishing the 8 Interbranch Commission on Venue; providing for medical 9 professional liability insurance; establishing the Medical 10 Care Availability and Reduction of Error Fund; providing for 11 medical professional liability claims; establishing the Joint 12 Underwriting Association; regulating medical professional 13 liability insurance; providing for medical licensure 14 regulation; providing for administration; imposing penalties; 15 and making repeals," in medical professional liability, 16 further providing for definitions and for expert 17 qualifications. 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 Section 1. Section 503 of the act of March 20, 2002 21 (P.L.154, No.13), known as the Medical Care Availability and 22 Reduction of Error (Mcare) Act, is amended by adding a 23 definition to read: 24 Section 503. Definitions. 25 The following words and phrases when used in this chapter 26 shall have the meanings given to them in this section unless the

1 context clearly indicates otherwise: 2 "Certificate of merit." A written declaration or 3 certification in a medical professional liability action which 4 includes an allegation that a health care provider deviated from 5 an acceptable professional standard and which specifies that: 6 (1) an appropriate licensed professional has supplied a 7 written statement to support the declaration or 8 certification, which clearly states that there exists a 9 reasonable probability that the care, skill or knowledge 10 exercised or exhibited in the treatment, practice or work 11 that is the subject of the complaint fell outside acceptable 12 professional standards and that the conduct was a cause in 13 bringing about the harm; 14 (2) the claim that the defendant deviated from an 15 acceptable professional standard is based solely on 16 allegations that other licensed professionals for whom this 17 defendant is responsible deviated from an acceptable 18 professional standard; or 19 (3) expert testimony of an appropriate licensed 20 professional is unnecessary for prosecution of the claim. 21 * * * 22 Section 2. Section 512 of the act is amended to read: 23 Section 512. Expert qualifications. 24 (a) General rule.--No person shall be competent to offer an 25 expert medical opinion in a medical professional liability 26 action against a physician, or provide a statement in support of 27 a certificate of merit, unless that person possesses sufficient 28 education, training, knowledge and experience to provide 29 credible, competent testimony and fulfills the additional 30 qualifications set forth in this section as applicable. 20250HB2088PN2685 - 2 -

1 (a.1) Certificate of merit.--A certificate of merit shall 2 be: 3 (1) Signed by the attorney for the plaintiff or by the 4 plaintiff if not represented by an attorney. 5 (2) Filed in the appropriate office of the prothonotary: 6 (i) with the complaint alleging medical professional 7 liability or at the time of the commencement of the 8 medical professional liability action; or 9 (ii) within 60 days of the commencement of the 10 medical professional liability action if the attorney for 11 the plaintiff, or the plaintiff if not represented by an 12 attorney, provides grounds as to why the certificate of 13 merit was not able to be filed with the complaint or at 14 the time of commencement of the action. 15 (b) Medical testimony.--An expert testifying on a medical 16 matter or providing a statement in support of a certificate of 17 merit, including the standard of care, risks and alternatives, 18 causation and the nature and extent of the injury, must meet the 19 following qualifications: 20 (1) Possess an unrestricted physician's license to 21 practice medicine in [any state or the District of Columbia] 22 this Commonwealth. 23 (2) Be engaged in [or retired within the previous five 24 years from] active clinical practice or teaching in the same 25 or similar specialty or subspecialty of the health care 26 provider against whom the medical professional liability 27 action has been brought. Provided, however, the court may 28 only waive the requirements of this subsection for an expert 29 on a matter other than the standard of care or issuing a 30 statement in support of a certificate of merit if the court 20250HB2088PN2685 - 3 -

1 determines that the expert is otherwise competent to testify 2 about medical or scientific issues by virtue of education, 3 training or experience. 4 (c) Standard of care.--In addition to the requirements set 5 forth in subsections (a) and (b), an expert testifying or 6 issuing a statement in support of a certificate of merit as to a 7 physician's standard of care also must meet the following 8 qualifications: 9 (1) Be substantially familiar with the applicable 10 standard of care for the specific care at issue as of the 11 time of the alleged breach of the standard of care. 12 (2) Practice in the same subspecialty as the defendant 13 physician or in a subspecialty which has a substantially 14 similar standard of care for the specific care at issue, 15 except as provided in subsection (d) or (e). 16 (3) In the event the defendant physician is certified by 17 an approved board, be board certified by the same or a 18 similar approved board, except as provided in subsection (e). 19 (d) Care outside specialty.--A court may waive the same 20 subspecialty requirement for an expert testifying on the 21 standard of care for the diagnosis or treatment of a condition 22 if the court determines that: 23 (1) the expert is trained in the diagnosis or treatment 24 of the condition, as applicable; and 25 (2) the defendant physician provided care for that 26 condition and such care was not within the physician's 27 specialty or competence. 28 (e) Otherwise adequate training, experience and knowledge.-- 29 (1) A court may waive the same specialty and board 30 certification requirements for an expert testifying as to a 20250HB2088PN2685 - 4 -

1 standard of care if the court determines that the expert 2 possesses sufficient training, experience and knowledge to 3 provide the testimony as a result of active involvement in or 4 full-time teaching of medicine in the applicable subspecialty 5 or a related field of medicine within the previous five-year 6 time period. 7 (2) The court may not waive the requirements under 8 paragraph (1) for a person issuing a statement in support of 9 a certificate of merit in a medical professional liability 10 action. 11 (f) Information to be included.--A certificate of merit and 12 accompanying statement shall include the contact information and 13 curriculum vitae of the medical professional issuing the 14 statement in accordance with the requirements of this section. 15 Section 3. This act shall take effect in 180 days. 20250HB2088PN2685 - 5 -