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HEIM v. MEDICAL CARE AVAILABILITY

No. 5 MAP 2010

23 A.3d 506 (2011)

Steven B. HEIM, as Assignee of Robert O. Detweiler, D.O. and Detweiler Family Medicine and Associates, P.C., Appellees v. MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR FUND, Appellant.

Supreme Court of Pennsylvania.

Decided April 28, 2011.

Attorney(s) appearing for the Case

Zella Smith Anderson , Paul Dorman, Elit R. Felix , Philadelphia, Tawny Kay Mummah , MCare Fund, for Medical Care Availability and Reduction of Error Fund.

Stephen Edward Raynes , Raynes McCarty, Anthony P. Tabasso , Klehr, Harrison, Harvey, Branzburg & Ellers, L.L.P., Joseph Z. Traub , Raynes McCarty, Philadelphia, for S. Heim, as assignee of Robert O. Detweiler, DO & Detweiler Family Medicine Assoc. PC.

Richard S. Watt , Kerns, Pearlstine, Onorato & Hladik, L.L.P., Lansdale, for Robert O. Detweiler.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice SAYLOR.

The outcome of this direct appeal turns on the interplay among the statutory schemes providing healthcare providers with protection from excess liability and insurer insolvency and the doctrine of joint and several liability.

In 1998, Stephen B. Heim commenced a professional liability action against physician Robert O. Detweiler, D.O.; his family medical practice of Detweiler Family Medicine

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