Confidentiality of Settlements in Pennsylvania Malpractice Cases

We would like to tell you more about the people we have represented, but we cannot.  The lawyers who represent doctors and hospitals require that the terms of settlement of medical negligence matters be confidential.  In fact, the Medical Care Availability and Reduction of Error (MCARE) Fund (a link to the full text of the MCARE act is provided here; the MCARE act, like any complex legislation, should not be interpreted without the assistance of an attorney), a Pennsylvania state agency which insures healthcare providers against liability for injury or death resulting from the furnishing of medical services, requires that parties settling a medical malpractice claim agree to a confidentiality clause.  They even try to force the courts to “seal the records’ so that no trace of a lawsuit can be found.  Their goal is to silence victims of medical negligence and their families.  By silencing them, the public is not warned about the preventable medical errors that are committed every day.

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