March 2019 Newsletter

Supreme Court changes could improve Florida’s liability climate The liability climate may be changing for the better in Florida, where access to care advocates are optimistic that new state Supreme Court justices will rule in favor of reform. Recently dubbed as the nation’s second worst “judicial hellhole” by the American Tort Reform Association, prior sitting justices voted in 2014 and 2017 to overturn medical liability legislation passed by the state legislature. With three new justices recently appointed to the court, advocates across the state have reason to be hopeful. State Rep. Tom Leek hopes that comprehensive medical liability reforms, including reasonable limits on non-economic damages, will bring justice to deserving patients and help keep health care costs affordable for the state’s aging population. With medical liability reform, “you provide predictability,” Leek said. “You allow insurance carriers to have a better understanding of what their exposure is and with that they can set premiums that are reasonable.” Leek’s recently introduced legislation is supported by the state business community thanks to the positive impact it would have on health care affordability and reduced medical lawsuit abuse, but still faces a high hurdle of opposition. To read more about the renewed push for…

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February 2019 Newsletter

PA Supreme Court avoids rush to judgement on liability rule changes The Pennsylvania Supreme Court announced it would delay a proposal that could encourage medical lawsuit abuse across the state. At issue is a proposed rule change that would allow lawsuits to be filed outside of the county where the incident in question occurred. The announcement followed a request by the state Senate to study the issue further before any changes are made. The legislature’s Budget and Finance Committee will look at how the location where liability lawsuits are filed impacts access to care, costs, and compensation. Fifteen years ago, lawsuits could be brought forth in any county where the doctor or hospital did business. Philadelphia, which built up a reputation for its litigious environment, became the city of choice for personal injury attorneys “venue shopping” their lawsuit. The Senate’s report is due to the Pennsylvania Supreme Court by Jan. 1, putting a hold on any changes this year. To read more about the proposed changes in Pennsylvania’s liability laws, click here. Costs remain crippling even as liability lawsuits decline While the frequency of medical liability claims show a positive downward trend, the cost of defending a lawsuit and average…

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January 2019 Newsletter

Pennsylvania liability rule change could lead to increase in lawsuit abuse A rule that helped stabilize the medical liability market in Pennsylvania faces the threat of repeal, bringing worry that medical lawsuit abuse could return. Implemented in 2002, reforms mandated that medical liability claims could only stand trial in the county where the alleged medical error occurred to avoid “venue shopping” lawsuits to courts that had a history of favoring large verdicts and personal injury attorneys. The Pennsylvania Supreme Court now proposes eliminating that rule, allowing victims to file lawsuits in any county where the defendant does business — even if the incident in question occurred elsewhere. A coalition that includes the Pennsylvania Medical Society (PAMED), the Hospital and Healthsystem Association of Pennsylvania (HAP), and the Pennsylvania Coalition for Civil Justice Reform (PCCJR) cites this rule as the primary reason the system has stabilized to its current point. “If history is any indication, this could have devastating effects on patient care,” said Danae Powers, MD, president of PAMED. “In the years before we restricted venue shopping, medical liability premiums rose so quickly that some physicians couldn’t obtain the insurance they needed to treat patients. Others chose to leave Pennsylvania or…

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