A Critical Message from Your Political Action Committee

Your livelihood is in jeopardy.

Evidence of surgical risks and complications is no longer admissible as a defense in medical liability lawsuits.

A critical reading of the Pennsylvania Superior Court’s recent ruling in Mitchell v Shikora leads to the conclusion that infection and other known surgical risks and complications are now evidence of negligent medical care.  The reason – the Superior Court ruled that evidence of surgical risks and complications is no longer admissible as a defense in medical liability lawsuits. 

The Pennsylvania Orthopaedic Society (POS) is acting now.  We filed an amicus brief to the Pennsylvania Supreme Court in support of the Mitchell decision physician defendant in his appeal of this dreadful decision.  We also drafted remedial legislation and we are quickly moving to get the bill passed by the Pennsylvania General Assembly. 

The bottom line? If this insane decision stands, you may be found negligent.

Even if you perfectly performed a surgical procedure, met the standard of care in your community, but your patient subsequently acquired an infection, you may be found negligent.  The Mitchell decision’s adverse consequence is that you may not be able to pursue your profession.

To be successful in our efforts to reverse the Superior Court’s potentially devastating decision, we need your action now.

Be a part of the solution.

The OrthoPAC Committee recently adopted a 2018 spending plan that directly targets the key decision makers who can advance POS’s solution.  Our spending goal is aggressive. To reach it, you need to engage now. 

The POS continues to vigorously fight to protect your right to practice and to keep your medical liability costs as low as possible.  In 2017, we again successfully prevailed upon Governor Tom Wolf to maintain the Mcare Program’s $500,000 coverage limits.  This action alone saved you a potential 25% spike in your professional liability insurance cost.  Considering this along with maintenance of the Workers’ Compensation fee schedule for more than a decade leads to the conclusion that OrthoPAC has a proven track record of success.

To stop the atrocious Mitchell decision, we need your contribution to the OrthoPAC.  Our opponents in the trial bar are filing lawsuits and raising campaign cash to assist their protectors. 

This fight is yours to win or lose.  Contribute before it is too late.

This small investment is vital to your future practice in Pennsylvania.  Follow this LINK to contribute online or download and print the form.

Thank you for your contribution.


Chip Hummer, MD                                                            Pat Smith, MD

Chairman, Political Action Committee                                  Fundraising Chair, Political Action Committee

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415 Market Street, Suite 210
Harrisburg, PA 17101
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