The Impact of Pennsylvania's Legal Reforms on Medical Malpractice Cases

A “crisis of affordability” is what Pennsylvania physicians and hospitals are assessing as the issue with access to medical malpractice insurance. Specifically, providers of high-risk specialties are saying they are hit the hardest in the state. The healthcare system in Pennsylvania is vital to patients' well-being and the state’s economy. Of the many factors affecting the affordability of available liability coverage, the rising cost of medical malpractice claims is a major one. As a result, the Keystone state has seen an exodus of doctors leaving for other states where liability coverage may be less expensive.

Controversy has followed a ruling where, in Harrisburg, the state’s capital, the Pennsylvania Supreme Court reversed a rule that now allows plaintiffs the ability to file their Pennsylvania medical malpractice cases in any county across the state. Prior to this, plaintiffs were restricted to only being able to file their claims in the county where the alleged medical errors took place.

How the Pennsylvania Supreme Court’s Ruling Affects Medical Malpractice Claimants

If you were the victim of medical malpractice in Pennsylvania, the rule changes will affect your ability to take legal action. In this case, the court’s decision to allow you to file your claim in any county is largely considered a win for victims. This is because the data shows that some juries, depending on where they are located, will generally award lower settlements than others. Specifically, rural counties tend to be less friendly to victims of medical malpractice than urban counties. With this ruling, a victim can choose the best venue for their case to be heard. Philadelphia, for example, is an area where juries are more inclined to award claimants higher financial judgments.

The Complexity of Medical Malpractice Claims

When a medical provider fails to provide a level of care that any other physician would in the same situation and a patient is harmed because of this, the patient may be able to cite medical malpractice as the reason why they were hurt. In doing so to secure justice and recompense, medical malpractice victims may take legal action and file a medical malpractice claim.

According to the American Medical Association, medical malpractice claims are common, with as many as one in three doctors being sued at some point during their careers. Despite this, medical malpractice cases are some of the toughest and most complicated for claimants to win. In fact, eight in ten cases that go to trial favor the physicians. For this reason, when an injured patient decides to file a medical malpractice claim, it can be advantageous to have the assistance of an attorney who has litigated these claims in the past with success.

Speak with an Attorney at Edelstein Martin & Nelson, LLP

Since medical malpractice claims are challenging for victims to win, if you were harmed by the negligence of your provider, you are more than welcome to connect with our seasoned Pennsylvania medical malpractice attorney at Edelstein Martin & Nelson, LLP by calling (215) 731-9900 to schedule a free consultation. Do not hesitate to contact us to get started on your compensation claim.