As we have previously reported, PCCJR has been closely monitoring the impact of the state Supreme Court’s decision last year to rescind the venue rule in medical malpractice cases. Our analysis has found that in January of 2023 there were 67 medical malpractice cases filed in Philadelphia. Comparatively, there were 24 cases filed in January of 2022 when the venue rule that prevented forum shopping was still in place.
Under the now rescinded medical malpractice venue rule, cases could only be filed where the cause of action took place. Under the broader venue rule that went into effect on January 1, 2023, venue now also exists where the defendant has a business interest and/or where they can be served.
PCCJR’s analysis of the complaints and Writs of Summons filed in Philadelphia for the month of January 2023 show that cases that could not have been filed in Philadelphia this time last year are driving the increase. Cases where the cause of action arose outside of Philadelphia account for 36 of the medical malpractice cases filed. Only 24 cases appear to have causes of action that arose in Philadelphia. Because of the mix of defendants in 7 cases where only a Writ of Summons has been filed, no determination was made.
PCCJR will continue to analyze medical malpractice filings throughout the Commonwealth.