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Rule 1042.1 Professional Liability Actions. Scope. Definition

Chapter 1000: Actions

(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;

(iii) an architect;

(iv) a chiropractor;

(v) a dentist;

(vi) an engineer or land surveyor;

(vii) a nurse;

(2) an attorney at law; and

(3) any professional described in paragraphs (1) and (2) who is licensed by another state.

Amendment history: 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).