According to some accounts, Pennsylvania had the worst medical liability environment in the nation.
The state government took a series of reforms in the early 2000s that stabilized the insurance market, and medical practice and patient care resumed as before. The most significant reform dealt with where lawsuits could be brought. Venue reform required medical liability lawsuits to be filed in the county where the injury occurred, and this ended trial lawyer venue shopping, saving Pennsylvania’s healthcare delivery system.
The state Supreme Court’s new/old venue rule, commonly known as a “nexus” rule, allows a medical liability lawsuit to be brought in any county that has a connection to the alleged injury. In 2023, it is far easier to establish a nexus to Philadelphia and Allegheny counties than it was 20 years ago. For instance, UPMC owns hospitals throughout the Commonwealth, meaning a physician in Williamsport could find herself defending a lawsuit in Allegheny County.
The Pennsylvania College of Emergency Physicians calls on the General Assembly and Gov. Josh Shapiro to enact reasonable and logical reforms to avoid another medical liability insurance crisis.
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