Practice Areas

News

Library

Other Links:

Medical Malpractice Claims Dropping in Pennsylvania

Reforms to eliminate frivolous lawsuits in the Commonwealth of Pennsylvania seem to be working.

 

State Court records show the 1,617 medical malpractice case filings in 2007 are a 41 percent drop from cases filed between 2000 and 2002. In 2003, the commonwealth Legislature enacted reforms to curb such lawsuits, reported the Philadelphia Bulletin.

 

More than a third of the 1,617 cases – 586 -- were filed in Philadelphia but court officials said the number showed a 50 percent decline there from 2000 and 2002. The jurisdiction with the next-largest filing number – Allegheny County – had 262.

The only other county with triple-digit filings was Montgomery, a Philadelphia suburb, which had 103 cases filed in 2007.

 

Analysts saw the decline is due to a new law that limits "venue shopping," where litigants file cases in more “favorable” courts, although their alleged malpractice occurred elsewhere. One other reform requires plaintiffs to file a "certificate of merit," which must include an “expert” opinion that malpractice did occur, the Bulletin said.

 

State Supreme Court Chief Justice Ronald Castille said, "The latest statistics provide additional evidence that the sharp drop in medical malpractice litigation was not a temporary correction but a sustained response to the procedural rule changes adopted by the Supreme Court and the statutory changes enacted by the General Assembly."

 

Kevin Shivers of the National Federation of Independent Businesses, said tort reform should be applied to other litigation. “What I think it definitely shows is these reforms ought to be extended across the board."

 

More than 2,600 malpractice cases were filed in 2000 and 2001, and just over 2,900 were initiated in 2002 a year before malpractice tort reform. In 2003, filings dropped to 1,700. In 2004, they rose to 1,800, then slid back to 1,700 in 2005, 1,693 in 2006 and 1,617 in 2007, according to the Bulletin.

"The Supreme Court should be applauded because it took a chance in 2002-2003 to come up with venue shopping changes and certificate of merit," said Chuck Moran of the Pennsylvania Medical Society. "That has weeded out lawsuits that don't hold water." He also noted a large number of malpractice claims are settled out of court.

 

North Carolina's Essential
Guide to Accident Cases

Ten Costly Mistakes
That Can Wreck Your
North Carolina Case

Get my FREE Book NOW!

How to Get Top Dollar$
for Your Workers' Compensation Claim

If You Have A Workers' Compensation Claim, You Can Learn How To Deal With Your Employer's Insurance Company.

Get my FREE Book NOW!

Quick Contact

FAQs