§ Rule 1042.1 Professional Liability Actions Scope Definition

Rule 1042.1. Professional Liability Actions. Scope. Definition

(a) The rules of this chapter [FN1] 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.

(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;

Note: 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;

Note: 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;

Note: See the Chiropractic Practice Act of Dec. 16, 1986, P.L. 1646, No. 188, 63 P.S. § 625.101 et seq.

(v) a dentist;

Note: See the Dental Law, Act of May 1, 1933, P.L. 216, 63 P.S. § 120 et seq.

(vi) an engineer or land surveyor;

Note: 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;

Note: See the Professional Nursing Law, Act of May 22, 1951, P.L. 317, as amended, 63 P.S. § 211 et seq.

(viii) an optometrist;

Note: 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;

Note: 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;

Note: 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

Note: See the Professional Psychologists Practice Act of March 23, 1972, P.L. 136, No. 52, 63 P.S. § 1201 et seq.

(xii) a veterinarian.

Note: 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

Note: 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.

[FN1] Pa.R.C.P. No. 1001 et seq.