This story originally appeared on Spotlight PA.
Pennsylvania’s Supreme Court on Thursday took the controversial step of overturning a 20-year-old rule meant to curb the crisis of doctors leaving the state because of high malpractice insurance costs.
In a long-awaited order, the state Supreme Court directed that instead of restricting plaintiffs to filing in counties where malpractice was suspected, they could reopen filing malpractice cases in any county in the state.
The changes, which take effect in January, are a big win for state trial attorneys. They have long argued that it is unfair to limit plaintiffs as to venue because some counties, especially more conservative rural areas, see juries for medical malpractice more than others. is much less friendly to the claims of
Critics of the ruling, however, again have plaintiffs’ attorneys engaged in so-called forum shopping, the practice of filing lawsuits in jurisdictions where juries award higher payments, with Philadelphia topping that list. Says it will open the floodgates.
“We found that venue purchases were one of the leading causes of liability issues facing physicians and hospitals in the late 1990s and early 2000s,” said former state legislator and now president of the Pennsylvania Union. Kurt Schroeder, Executive Director, said. For Civil Justice Reform, a statewide association representing the healthcare and business industries. “The danger here is that history repeats itself.”
In making its decision, the High Court convened a committee to consider venue issues and other changes. In its report, the commission said a majority of its 13 members found no justification for “discriminatory treatment of victims of medical malpractice.” Restricting them to sue in the county where they were injured resulted in “compensation for their injuries is not complete.”
“Many of these patients endure severe injuries, permanently reduce their quality of life, require permanent medical care and assistance with activities of daily living, and suffer lifelong pain, suffering, and companionship.” will have to endure the loss of,” the commission’s report said. “These are serious, complex, tragic cases. No windfall. No one wins.”
State trial attorneys argue that forcing patients to file lawsuits only in counties where they are suspected of malpractice over the past two decades is detrimental to their chances of getting a trial. Patient trials are often held in counties where hospitals are large, perhaps their largest employers, and are automatically put at a disadvantage before a jury.
“Plaintiffs in medical malpractice cases should not be restricted by venue rules, but defendants enjoy the advantage of home ground.” Improve access.”
But groups representing hospitals, doctors and health care professionals are concerned that the overturn of the High Court ruling could add to staffing and other stresses already facing the health care system. There is
In a statement, Andy Carter, chief executive of the Pennsylvania Hospital and Health System Association, a trade group, said the federal health care system was “extremely weak.”
“Putting more financial pressure on hospitals and making it even harder to attract desperately needed clinicians to the Commonwealth would have a devastating impact on healthcare,” Carter said. .
