News Release
For Immediate Release
April 24, 2001
Greenleaf Measures on Child Abuse and Medical Malpractice Tort Reform Clear Committee
HARRISBURG – The Senate Judiciary Committee voted to send two bills sponsored by Committee Chairman Stewart J. Greenleaf to the Senate floor.
Senate Bill 212 would extend the statute of limitations in civil actions concerning childhood sexual abuse, and Senate Resolution 43 would urge the Supreme Court of Pennsylvania to reinstate tort reform provisions removed by the high court from Act 135 of 1996, the Health Care Services Malpractice Act. If the resolution is passed by the Senate and the House, it will be transmitted to the State Supreme Court.
Greenleaf noted that Act 135 of 1996 was forged through an agreement between the Pennsylvania Medical Society and the Pennsylvania Trial Lawyers Association to provide relief for doctors paying steep medical malpractice insurance premiums. However, in 1997, the court suspended provisions of the law relating to pretrial procedures, dilatory or frivolous motions, and punitive damages. The decision was based on the court’s belief that the law infringed on the court’s rulemaking powers. The court directed its Civil Procedural Rules Committee to recommend changes to the Pennsylvania Rules of Civil Procedure to replace the suspended portions of Act 135, but the changes have not been considered effective in carrying out the law’s intent of providing tort reform in the area of medical malpractice.
"Through this resolution, the General Assembly is asking the State Supreme Court to reconsider its 1997 decision and to allow the provisions originally enacted to stand," Greenleaf said. He pointed to the current troubles that doctors are having obtaining affordable medical malpractice insurance in the commonwealth as the prime reason the court should reconsider. "Physicians—especially those in the Philadelphia area—are considering retiring or relocating out of Pennsylvania because of this problem. The Legislature is asking the court to ameliorate the problem by reinstating the suspended tort reform provisions in Act 135," Greenleaf said.
The senator said he is pleased that both the resolution and the bill on child abuse were approved unanimously by the Senate Judiciary Committee.
Senate Bill 212 would allow an individual to bring a civil action arising from childhood sexual abuse for a period of 12 years after the individual’s 18th birthday. The individual alleging childhood sexual abuse could seek damages regardless of whether criminal charges were filed.
Current law provides for a two-year statute of limitations, with an individual having until the age of 20 to file suit.
"The problem with the current statute is that a young adult might still be at home and under the control of the sexual abuser for several years beyond the age of 18. Also, because of the traumatic effects of child sexual abuse, a victim may not be ready to address the issue for several years after they leave home," Greenleaf said. "This bill gives victims until age 30 to bring an action."
The measure is supported by the Pennsylvania Coalition Against Rape.
