Lehigh Med Summer 2019 - 30

FEATURE

PAMED to Court

Proposed Changes to Med Liability Venue Rule Threaten Patient Care in Pennsylvania
Last Updated: Feb 21, 2019

n Feb. 21, 2019, the Pennsylvania Medical Society (PAMED)
submitted its objections to the Civil Procedural Rules
Committee's proposed amendment of rules governing
venue in medical professional liability (MPL) actions.

VIEW PAMED'S COMMENTS
In the early 2000s, Pennsylvania was losing the national competition
for quality physicians due to the MPL crisis the state was experiencing at
that time. And, as a result of the adverse practice climate, health care in
the Commonwealth suffered. Fortunately, due to the 2003 MPL venue
reform and a series of other legislative efforts, Pennsylvania recovered
from the crisis and is once again a leader in the health care arena.
Regrettably, the proposed changes to the venue rule threaten to undo
the positive gains the Commonwealth has made since the early 2000s
by resurrecting forum shopping in MPL cases. This could result in a
domino-effect of negative implications for the MPL insurance market
and access to quality patient care for all Pennsylvanians-particularly
in the state's rural areas.
In PAMED's 101-page comment document, we support our
opposition to the proposed amendment by:
* Demonstrating the positive impact the current rule had on eliminating forum shopping in the Commonwealth;
* Underscoring the importance of the current rule in maintaining
the stability of Pennsylvania's health care system; and
* Offering an analysis of the estimated impact of the proposed rule
changes on MPL costs and insurance rates.

30 Lehigh County Health & Medicine | SUMMER 2019

PAMED's comments also advocate for collaboration between
Pennsylvania's legislative and judicial branches, as well as an open
public process in the development of any new rule.
Pennsylvanians cannot afford to allow the gains realized by the
2003 MPL venue reforms to be undone by the Committee's proposed
changes. Accordingly, PAMED recognizes the great importance of this
issue and appreciates the opportunity to comment on the proposed
amendments.

Lehigh Med Summer 2019

Table of Contents for the Digital Edition of Lehigh Med Summer 2019