Pa. Justices Punt $100M Malpractice Insurance Fund Decision

Law360, Philadelphia (September 27, 2013, 6:50 PM EDT) -- A divided Pennsylvania Supreme Court said Thursday that a more deeply developed evidentiary record was needed before it could determine whether a 2009 state law transferring $100 million from a statutorily created malpractice insurance fund violated the due process rights of hospitals and health care practitioners.

In a 4-2 decision, the justices ruled that the state’s Commonwealth Court had improperly issued summary judgment in favor of the Hospital and Healthsystem Association of Pennsylvania and the Pennsylvania Medical Society, which had sued to stop the state from...
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