Coalition says repealing venue shopping rule could jeopardize patient access to care

A coalition of healthcare and other organizations said recently that a proposed rule change from the Pennsylvania Supreme Court’s Civil Procedural Rules Committee could cause medical liability premiums for long-term care facilities to skyrocket and threaten patient access to quality care.

The coalition includes the Pennsylvania Health Care Association (PHCA), the Pennsylvania Medical Society (PAMED), The Hospital and Healthsystem Association of Pennsylvania (HAP) and the Pennsylvania Coalition for Civil Justice Reform (PCCJR).

Under current rules, medical liability claims can only stand trial in the county where the alleged medical error occurred. This rule prevents attorneys from moving medical liability claims to counties that award higher payouts, a practice known as venue shopping.

The Civil Procedural Rules Committee, one of seven procedural rules committees established by the Pennsylvania Supreme Court, has proposed eliminating this prohibition against venue shopping.

The rule against venue shopping was one of several reforms enacted in 2002 to stabilize the medical liability insurance market after escalating medical liability premiums caused a crisis in Pennsylvania.

The Civil Procedural Rules Committee has argued that the rule is no longer necessary because medical liability rates are no longer skyrocketing.

“A nursing home located in Lackawanna County should not be dragged into a court case in Philadelphia or Allegheny County, simply because the verdicts for plaintiffs may be superior and the awards may be higher,” R. Sean Buckman, chairman of the board at PHCA and owner of Carbondale Nursing Home, said. “This rule against ‘venue shopping,’ in effect for nearly 16 years, has protected long-term care facilities from being forced to defend themselves in venues that barely touch their business.”

The proposed rule is open for public comment until Feb. 22.