PROFESSIONAL LIABILITY ACTIONS
Rule 1042.1. Professional Liability Actions. Scope. Definition.
(a) The rules of this chapter govern a civil action in which a professional liability claim is asserted by or on behalf of a patient or client of the licensed professional against
(1) a licensed professional, and/or
(2) a partnership, unincorporated association, corporation or similar entity where the entity is responsible for a licensed professional who deviated from an acceptable professional standard, and
(b) A professional liability claim asserted against a licensed professional includes a claim for lack of informed consent.
(c) As used in this chapter, licensed professional means
(1) any person who is licensed pursuant to an Act of Assembly as
(i) a health care provider as defined by Section 503 of the Medical Care Availability and Reduction of Error (Mcare) Act, 40 P. S. § 1303.503;
(ii) an accountant;
See the CPA Law, Act of May 26, 1947, No. 318, as reenacted and amended, 63 P. S. § 9.1 et seq.
(iii) an architect;
See the Architects Licensure Law, Act of December 14, 1982, P. L. 1227, No. 281, 63 P. S. § 34.1 et seq.
(iv) a chiropractor;
See the Chiropractic Practice Act of Dec. 16, 1986, P. L. 1646, No. 188, 63 P. S. § 625.101 et seq.
(v) a dentist;
See the Dental Law, Act of May 1, 1933, P. L. 216, 63 P. S. § 120 et seq.
(vi) an engineer or land surveyor;
See The Engineer, Land Surveyor and Geologist Registration Law, Act of May 23, 1945, P. L. 913, as amended, 63 P. S. § 148 et seq.
(vii) a nurse;
See the Professional Nursing Law, Act of May 22, 1951, P. L. 317, as amended, 63 P. S. § 211 et seq.
(viii) an optometrist;
See the Optometric Practice and Licensure Act of June 6, 1980, P. L. 197, No. 57, 63 P. S. § 244.1 et seq.
(ix) a pharmacist;
See the Wholesale Prescription Drug Distributors License Act of December 14, 1992, P. L. 1116, No. 145, 63 P. S. § 391.1 et seq.
(x) a physical therapist;
See the Physical Therapy Practice Act of October 10, 1975, P. L. 383, No. 110, 63 P. S. § 1301 et seq.
(xi) a psychologist; and
See the Professional Psychologists Practice Act of March 23, 1972, P. L. 136, No. 52, 63 P. S. § 1201 et seq.
(xii) a veterinarian.
See the Veterinary Medicine Practice Act of December 27, 1974, P. L. 995, No. 326, 63 P. S. § 485.1 et seq.
(2) an attorney at law; and
See Rule 76 for the definition of attorney at law.
(3) any professional described in paragraphs (1) and (2) who is licensed by another state.
The provisions of this Rule 1042.1 adopted January 27, 2003, effective immediately, 33 Pa.B. 748; amended June 16, 2008, effective immediately, 38 Pa.B. 3481. Immediately preceding text appears at serial pages (295850) and (316383).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.