Pennsylvania And Tort Reform, Part 2

Powell Law’s first and foremost priority is to effectively and properly litigate any type of personal injury case. We always strive for our clients to receive a complete and total recovery for the harm caused by another party. For 113 years, Powell Law has held medical professionals accountable for their medical errors as we have litigated and settled numerous medical malpractice cases.

Powell Law attorney, James F. Mundy, Esq., has decades of experience representing Pennsylvanians in medical malpractice cases. Over the years, he has seen his share of tort reform in Pennsylvania. In early 2019, after seventeen years, the stage seems set again in Pennsylvania for tort reform as efforts are underway to eliminate the venue rule in medical malpractice cases.

Legislation is currently under consideration in the Pennsylvania General Assembly to enact even stricter substantive and procedural tort reform measures. Proposed legislation under consideration includes provisions that would codify proposed court rules changes related to venue.

At the end of 2018, the Civil Procedural Rules Committee of the Pennsylvania Supreme Court proposed rescission of the venue rule in medical malpractice cases on the basis that it simply “no longer appears warranted.” Medical malpractice plaintiffs have been recovering less in medical malpractice cases, which was the original rule’s purpose and intended effect.

Data collected by the Pennsylvania Supreme Court on medical malpractice case filings indicates that there has been a significant reduction in filings since the enactment of the Medical Care Availability and Reduction of Error Act (MCARE). Additionally, it has been reported to the Committee that “. . .this reduction has resulted in a decrease (in) the amount of claim payments resulting in far fewer compensated victims of medical negligence.” 

Elimination of the venue rule in medical malpractice cases has the potential to encourage forum shopping, which was allegedly a contributing factor causing 2002’s tort reform measures. Venue shopping allows plaintiffs to recover increased settlement amounts and jury awards but also increases the medical malpractice liability insurance premiums paid by physicians. Thus, malpractice defense attorneys tend to favor eliminating the venue rule while plaintiffs’ attorneys do not.

To say the least. With our experience, we have unique abilities to help our clients through every type of personal injury case. Powell Law’s unsurpassed qualifications make it an obvious choice for representation in all types of personal injury and medical malpractice cases in the Scranton/Wilkes-Barre and surrounding areas. Contact Powell Law at call (570) 961-0777. The consultation is FREE.

Pennsylvania And Tort Reform, Part 2

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