An overview of the Commonwealth’s medical malpractice law delves into how recent changes are driving an increase in nuclear verdicts as well as expanding liability throughout the state. The piece, written by Marshall Dennehey shareholders John J. Hare and Holli K. Archer also take a look at the role lawyer advertising is having on the litigation economy and the impact these new legal trends are having on overall costs and Pennsylvania’s economic climate.
As the authors note, Pennsylvania has exceeded the national trend in nuclear verdicts, with the state having 42 such verdicts between June 2021 and May 2026. Of that figure, 29 occurred in Philadelphia’s notoriously plaintiff-friendly courts. “Philadelphia remains the epicenter of large medical malpractice awards, producing 11 of the state’s 17 medical malpractice nuclear verdicts.”
While changing jury demographics is playing a role in this shift towards nuclear verdicts, another factor at play is an increase in lawyer advertising. As noted, critics argue that this type of advertising often encourages potential plaintiffs to pursue claims, in addition to increasing settlement demands.
As Pennsylvania’s legal climate becomes more unstable with the threat of expanded liability and nuclear verdicts, liability insurance becomes more expensive – greatly impacting the health care sector and taxpayers faced with higher health care costs.
You can read the piece in its entirety here.