Court Civil Rules Cttee. proposes new rule on remittitur under MCARE Act
(10/22/03) The Civil Procedural Rules Committee of the Pennsylvania Supreme Court has proposed a new Rule of Civil Procedure governing remittitur in medical professional liability actions.
The proposed rule would implement Section 515 of the MCARE Act by providing for the filing in a medical professional liability action of a motion for remittitur based upon the limited ground set forth in the statute. The rule would require defendant healthcare providers seeking remittitur relief on the ground that paying the verdict will impact upon availability of and access to healthcare in the community shall file within 30 days of a verdict. Courts would have to make decisions regarding how to dispose of such motions within 120 days.
A copy of the proposed rule is available by going to the Pennsylvania Supreme Court's Web site and selecting Supreme Court Committees > Civil Procedure Rules Committee > the choosing Recommendation 189