Pennsylvania Supreme Court Proposal Would Impact How Medical Malpractice Lawsuits Are Filed
In Pennsylvania, if a patient files a medical malpractice lawsuit it must be filed in the county where the harm or injury allegedly occurred. However, a recent Pennsylvania Supreme Court proposal would allow patients to file a medical malpractice lawsuit in another county, as long as the party being sued – whether it is the doctor or the hospital – conducted business there.
The proposal by the Pennsylvania Supreme Court would eliminate the restriction on where medical liability claims can be filed. It would also allow medical malpractice lawyers to file a claim in a county that is known for awarding higher payoffs, such as Philadelphia County and Allegheny County, a practice known as venue shopping.
The proposal comes at a time when medical malpractice lawsuits in Pennsylvania are down. For example, there were only 224 malpractice cases filed in Allegheny County in 2017, down from an average of 396 cases filed from 2000 to 2002, which is a 43.4 percent decrease. In Philadelphia there were 406 cases filed in 2017, down from an average of 1,204 from 2000 to 2004, which is a decrease of roughly 66 percent.
According to the Supreme Court’s Civil Procedural Rules Committee, the same rules should apply to civil litigation, regardless of the county where the lawsuit is filed. There should not be exceptions for medical malpractice cases.
Philadelphia Medical Malpractice Lawyers at Sidkoff, Pincus & Green P.C. Assist Clients with Malpractices Cases in Pennsylvania
If you have been injured while under the care of a healthcare provider, and you are considering pursuing a medical malpractice lawsuit, you are urged to contact the Philadelphia medical malpractice lawyers at Sidkoff, Pincus & Green P.C. We will address all of your questions and concerns and secure the maximum financial compensation you deserve. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Our offices are conveniently located in Philadelphia, where we serve clients across southeastern Pennsylvania, South Jersey and New Jersey.