A gavel resting on a reflective bench surface with the American flag in the background (Photo by ClassicStock/Getty Images)
Harrisburg, Pennsylvania – Pennsylvania’s Supreme Court on Thursday overturned its own 20-year-old rule that required medical malpractice lawsuits to be filed in the county where the alleged injury occurred, in favor of civil plaintiffs and their attorneys. However, it can be costly for health care. provider.
State Supreme Court rulings likely mean an increase in the number of such cases in Philadelphia and Pittsburgh.
The judge upheld recommendations from his own Commission on the Rules of Civil Procedure. In a report issued by the commission, a majority argued that medical malpractice cases should follow the same rules as other types of civil lawsuits.
“There seems to be a misconception that in populous counties, patients who are harmed by the negligence of their health care providers somehow enjoy accidental sentences,” the committee’s majority said in its report. “Many of these patients have endured severe injuries, permanently reduced quality of life, and require permanent medical care and assistance with activities of daily living.”
According to a 2020 report by the nonpartisan Legislative Budget and Finance Committee, medical professional liability insurance costs have declined across the state since 2007, following national trends.
“The available data do not support the conclusion that changes in the availability, cost, and affordability of health care professional liability insurance are a result of changes in Pennsylvania law,” the report concludes. I’m here.
Zachary Schanberg, president of the Pennsylvania Health Care Association, said the change was a “dramatic setback” for long-term care providers in the state.
“This could ultimately disrupt the sustainability of our industry as we know it,” Schaumberg said.
The court’s decision could return Pennsylvania to the state it was in in the late 1990s, when the medical liability insurance crisis prompted Congress and the courts to act, said Civil Justice Reform, an association of health care providers and affiliates. said Kurt Schroeder of the Pennsylvania Coalition for
“You’ll see cases in the city of Philadelphia, for example, where there’s really no business going on,” predicted Schroeder. “You’ll see the jury awards skyrocket.”
Kira Baldwin, president of the Pennsylvania State Judicial Association, a trial attorney, said the new rules “achieve the goal of restoring fairness to the rules and the foundation of our legal system of treating all parties equally under the law.” ” he said.
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“It’s very simple. Cases should be tried before a 12-person jury unaffiliated with hospitals and surgical centers, which are often the largest employers in the county. We will level the playing field and improve access to justice, all Pennsylvanians,” Baldwin said in a statement.
Twenty years ago, state legislatures, governors, and the Supreme Court approved a number of measures to address what was viewed as a crisis in the state’s malpractice system, with concerns that high physician premiums would adversely affect health care. adopted the changes.
Congress overwhelmingly passed the MCARE Act in 2002, signed into law by Republican Governor Mark Schweiker, limiting lawsuits to counties where patients were allegedly injured.
State Supreme Courts, then dominated by Republicans, adopted their own similar rules in 2003 as to where malpractice cases can be filed. Today’s courts are dominated by Democrats, her 5-2, and political contributions from plaintiffs’ trial attorneys tend to favor Democratic candidates, while Republicans are more supported by the insurance industry.
In a medical malpractice case filed two years ago in the Superior Court of Justice, an opinion filed by a coalition of medical associations and other medical groups stated that overriding the forum rule could force the case to go to Philadelphia or elsewhere. He argued that the move would “return the Federation to its destructive path.” city court.
In that case, the woman whose lawsuit was filed in Philadelphia against Thomas Jefferson University Hospital and a number of other health care providers didn’t want it moved to a suburb in neighboring Delaware County. lost its charm.
Stephen Burgess-Davies, the attorney who filed the buddy brief in the case on behalf of the health care provider, said on Thursday there was no reason for the court to reverse its policy.
In an email, Davis wrote, “It’s mind-boggling how this is going to look to federal citizens, especially since it’s been stressing the healthcare industry and infrastructure over the past two years.”
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