When the Pennsylvania Supreme Court rescinded the venue rule governing medical liability cases, it included a provision requiring the Civil Procedural Rules Committee to reexamine the rule change two years after its January 1, 2023 effective date. Although the court did not request comments from stakeholders for this review, The Pennsylvania Coalition for Civil Justice Reform (PCCJR) submitted a comprehensive comment document early last year providing details on why the medical liability venue rule should be reinstated by the Court.
On February 18, the Supreme Court issued an order in response to this review. The order did not reinstate the former rule or even make changes to the Rules of Venue. The only action taken by the Supreme Court was to remove the requirement that the rule be reviewed two years after its enactment.
It is disappointing that the Supreme Court passed on this opportunity to undo the damage to health care caused by its rescission of the medical liability venue rule. This rule was in place for twenty years and was a major factor in quelling the medical malpractice crisis of the early 2000s. The rule prevented attorney forum shopping for jackpot verdicts by requiring that the case be brought only in the county in which the cause of action arose.
This battle is not over. Whether through constitutional amendment or court rule changes, PCCJR will continue to advocate for the restoration of the medical liability venue rule and also for ALL civil cases to be filed only where the cause of action arose.
In the meantime, remember that contractual venue is a viable option to ensure your cases are not heard in a court hostile to doctors, hospitals, and defendants in general.