Editor’s note: This story has been updated to include a comment from LeadingAge PA.
The Pennsylvania Supreme Court is exploring whether to allow plaintiffs’ attorneys to “venue shop” for the court with the highest payout. Such a move has healthcare advocates worried about the possibility of skyrocketing liability claims.
Currently, such claims can only stand trial in the county where the alleged medical error occurred. However, a proposed law change from the court’s Civil Procedural Rules Committee would allow attorneys to roam freely for the best deal, according to a Pennsylvania Health Care Association announcement.
Nursing homes, physicians and hospitals have formed a coalition to fight the proposal. R. Sean Buckman, board chairman of the Pennsylvania Health Care Association, said a nursing home should not be dragged to a far-flung jurisdiction “simply because the verdicts for plaintiffs may be superior and the awards may be higher.”
“Providers are under attack from predatory, out-of-state law firms that come to Pennsylvania to file hundreds of lawsuits,” Buckman, who is also owner of the Carbondale Nursing and Rehab Center, said in a statement. “Companies are on the brink of financial disaster. Already, we’ve seen long-term care companies sell their buildings, file for bankruptcy or simply flee the state altogether. Reversing this rule and reinstituting venue shopping would make the current legal environment even worse for long-term care facilities in Pennsylvania. And it could spell the end for many providers across the state.”
The report notes that “escalating” medical liability premiums in the late 1990s spelled a crisis that had providers exiting the state in droves. That lead to reforms and an end to venue-shopping in 2002.
LeadingAge PA President and CEO Adam Marles said returning to the “patient-care crisis” of the late 20th century will only hurt efforts to improve long-term care in a climate of increased regulation and inadequate Medicaid funding.
“If this change is approved, the results will be disastrous,” Marles said. “Predatory law firms will make Pennsylvania a target, and senior care will suffer.”
State officials, meanwhile, have argued these restrictions are no longer necessary. The proposal is open for comment until Feb. 22.
