If you or a loved one has suffered an injury due the medical negligence of a healthcare provider in Pennsylvania, you may find it helpful to learn that that Pennsylvania Legislature signed into law the Medical Care Availability and Reduction of Error Fund well over a decade ago. This legislation is aimed at making sure individuals who suffered an injury due to the medical negligence of a healthcare provider receive reasonable compensation for their damages. The Pennsylvania State Treasury manages this special fund.
In essence, if damages are awarded to an injured individual in a medical malpractice lawsuit, then monies in the fund are used to cover part of the damages that are in excess of the negligent healthcare provider’s primary medical malpractice liability coverage. Presently, under state law, those healthcare providers who provide 50 percent or more of their health services and healthcare business in Pennsylvania are mandated to have medical malpractice coverage. For instance, a hospital that conducts more than 50 percent of its business in our state is required to participate in Mcare.
In general, if a healthcare provider is required to participate in Mcare and a medical malpractice claim is filed against them, and they expect a judgment against them will be greater than their available primary coverage, they must notify Mcare promptly and in writing of the details of the medical malpractice claim.
However, as with any law, there are exemptions. For example, healthcare providers who exclusively work for the Federal government are exempt. Additionally, those who do not practice in Pennsylvania are also exempt from participating in Mcare. For anyone who believes that they have a medical negligence case against a healthcare provider may find navigating through the laws confusing and overwhelming. Therefore, contacting an experienced personal injury law firm familiar with Pennsylvania’s medical malpractice laws may be helpful.