A Pennsylvania Change For Malpractice Suits

NU Online News Service, Oct. 11, 10:23 a.m.EST?A frequent form of "lawsuit abuse" in medicalmalpractice actions should be curbed in Pennsylvania by newlegislation approved there this week, according to a nationalinsurers group.

The bill which is due to be signed shortly by Gov. MarkSchweiker, would ban "forum shopping," a process that sees lawyershunting for a jurisdiction to file their suit where juries have areputation for voting hefty awards.

Under the measure that was passed, medical malpractice lawsuitscould only be tried in the county or "venue" where the malpracticetook place.

R. Taylor Cosby, vice president, Mid-Atlantic region for theAmerican Insurance Association in Washington, said that thelegislation "is a positive step forward in the battle againstlawsuit abuse directed at Pennsylvania's healthcare community."

Pennsylvania's Senate gave final passage to the bill on the sameday that Mississippi Gov. Ronnie Musgrove put his signature on asweeping medical malpractice reform law for that state. The lawincludes a provision against forum shopping.

After the bill passed in Pennsylvania, Gov. Mark Schweiker, inaddition to thanking the Senate, praised the General Assembly fortaking a "significant step forward in our efforts to make sure thatPennsylvanians have access to world-class, quality healthcare."

He continued that, "As we face the possibility of losingthousands of physicians because they can no longer afford to paytheir malpractice insurance, the General Assembly's action toeliminate venue shopping sends a strong signal that we are seriousabout bringing stability to the marketplace."

AIA's Mr. Cosby said "With further reform, Pennsylvania canensure that quality healthcare is available to its citizens."

Mr. Cosby said that Pennsylvania continues to lose physicians"due to the increasing severity of medical malpractice lawsuits. Asa result of exorbitant jury verdicts and frivolous lawsuits, somephysicians and other healthcare providers have been forced to leavethe profession or the state."

Mr. Cosby noted that earlier this year, Schweiker enacted Act13, which included several tort reform provisions. "The legislatorsare moving in the right direction, but more needs to be done," Heconcluded.

The AIA said it is supporting an effort by the Pennsylvaniamedical community to secure legislation that would cap non-economicdamages.

The organization mentioned that there also has been a billintroduced to lower the mandatory amount of coverage required from$1 million to $250,000 and to use tobacco money to pay off adeficit in the Medical Professional Liability Catastrophe LossFund.

AIA said there will likely be a special legislative session inPennsylvania this year to address the medical malpractice crisis.AIA represents 412 major insurance companies that provide all linesof property and casualty insurance and write more than $87 billionannually in premiums.