As Philadelphia Malpractice Cases Multiply, Group Asks Court to Review Venue Rule

As Philadelphia medical malpractice cases skyrocket, a pro-tort-reform nonprofit is asking a Pennsylvania Supreme Court committee to review new “forum shopping” rules. 

The Pennsylvania Coalition for Civil Justice Reform (PCCJR) sent its second such request in two months to the court’s Civil Procedural Rules Committee Chair Kathleen Bruder. According to PCCJR, new data show that the failure to keep medical malpractice cases in their proper venues is worsening lawsuit abuse that financially batters insurers, threatens medical professionals, and harms consumers. 

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Several Pennsylvania Judge Candidates Ignore Lawsuit Abuse Questionnaire

A pro-tort-reform nonprofit published the results of its 2023 candidate survey this week, and several state-court hopefuls — including all Democratic contenders — did not respond. 

Carolyn Carluccio, a Republican Montgomery County Common Pleas judge running for state Supreme Court, returned the questionnaire to the Pennsylvania Coalition for Civil Justice Reform (PCCJR). Her party compatriots Maria Battista and Harry Smail Jr., respectively a Clarion County-based former prosecutor and a current Westmoreland County judge who are running for Superior Court, also answered the inquiry. 

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Pennsylvania Bill Seeks to End Medical-Lawsuit Venue Shopping

Pennsylvania state Representative Torren Ecker (R-Abbottstown) is preparing legislation to restore a rule keeping each healthcare lawsuit in the county where the alleged malpractice occurred. 

Two decades ago, state lawmakers enacted the Medical Care Availability and Reduction of Error (MCARE) Act which forbade patients claiming they suffered from a doctor’s medical mistakes to file their lawsuits in jurisdictions where the alleged harm did not take place. Before that time, much litigation was being filed in Philadelphia and Allegheny counties whose common-pleas courts were known to look especially favorably on healthcare plaintiffs.

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