Without resolving an involved separation of powers issue, the Pennsylvania Supreme Court has held that the attorneys' fees limitation of the Health Care Services Malpractice Act was not severable from the Act's unconstitutional provisions, and that the decision in Mattos v. Thompson nullified all arbitration procedures of the Act.
Heller v. Frankston, __ Pa. ___, 475 A.2d 1291 (1984).
Cindy T. Bernstein,
Legislative Regulation of Attorneys' Fees - Health Care Services - Malpractice Act - Statutory Severability - Separation of Powers,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol23/iss4/24