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Pennsylvania efforts to fund budget with malpractice fund denied

The efforts by the state of Pennsylvania to fund the state budget with $200 million from a fund that covers medical malpractice were stalled by a federal judge. The budget issue arose due to legislative malpractice in the first place. The judge, from a United States District Court in Harrisburg, denied the attempt by the state after a request was filed by a government entity.

The request filed to stop the funding process was done by the Pennsylvania Professional Liability Joint Underwriting Association. The filing was done to stop the state from taking $200 million in reserve funds to help fund the budget. The association that filed the motion to stop the funding was created in the 1970s by state law. It is also a non-profit association.

The association was created by law in an effort to provide insurance for medical malpractice to medical professionals who have not been able to afford insurance from the private market.

According to Governor Tom Wolf, the association is required to turn over any surplus it has, which is what would have occurred in this situation. The association argues that if it did turn over its surplus it would be a contradiction for what the organization was originally created for in the 1970s.

If this issue goes further, and the state's motion is approved, it could open a door for the state to acquire funding from all types of organizations that have surplus.

Dealing with medical malpractice can be daunting. If medical malpractice is imminent in your life, be sure to speak with an experienced personal injury attorney about your situation in Charleroi.

Source: Trib Live, "Keystone viewpoints: State budget malpractice," Dec. 02, 2017

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