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Pittsburgh medical malpractice lawyer

For nearly two-and-half centuries in Pennsylvania, medical malpractice lawsuits could be brought against doctors in any region in which the doctors practiced medicine. However, in 2003, the Pennsylvania Supreme Court changed the rule and limited the venue options to the county in which the injury occurred. The rule change was due to growing fears that plaintiffs could “venue shop,” which could potentially cause medical insurance rates to increase and lead doctors to leave the commonwealth. Since plaintiffs could file their lawsuits in any county where the physician worked, they may have chosen to pursue legal action in an area where juries were more likely to find the doctor to be at fault.

Recently, the issue was reopened when the Pennsylvania Supreme Court suggested reinstating the previous rules governing venue selection. Those who are considering taking legal action for medical malpractice may wonder whether these rules should be reverted and whether the proposed changes would benefit the citizens of Pennsylvania.

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Allegheny County medical malpractice lawyer

The Pennsylvania Supreme Court is considering retraction of decades-old restraints on medical malpractice lawsuits. The decision to do so could make it easier for plaintiffs to sue their doctor if they feel negligence and wrongdoing were committed. Meanwhile, some say such a move would have catastrophic consequences and upend the system. 

Background of the Issue

In Pennsylvania during the 1990s and early 2000s, the issue of medical malpractice was hotly contested. Back then, the number of civil lawsuits filed against doctors was much higher than it is now. The reason for this was that state law allowed for lawsuits to be commenced anywhere the plaintiff or defendant had a personal or professional connection. The attorney for the plaintiff would typically select a district where they were most likely to get a favorable jury. However, many thought this practice was unfair to doctors, calling it "venue shopping," and claiming that it encouraged unnecessary lawsuits against medical practitioners.

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