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For Immediate Release
October 9, 2002

White:  Additional Medical Malpractice Reform on the Way

Legislation to end “venue shopping” headed to Governor

Harrisburg -- The Senate today passed legislation to end the costly practice of “venue shopping” in medical malpractice cases and sent the bill to Gov. Mark Schweiker for enactment into law, according to Sen. Mary Jo White (R-21).

Senator White was a member of a special commission that reviewed the problem and recommended provisions in Senate Bill 138.

Under the measure, medical lawsuits may be brought against a health care provider only in the county in which the cause of action arose. This will eliminate “venue shopping,” a practice by which plaintiffs move their cases to counties where they expect more favorable judgments, White said.

“Pennsylvania’s notoriously high medical malpractice insurance rates have been driving good doctors from the Commonwealth for years, and venue shopping is one cause of those high premiums,” said White.  “Lawyers have been moving cases clear across the state to Philadelphia where jury payouts are much higher, which artificially inflates insurance premiums and costs for everyone.”

Senate Bill 138 is the second medical malpractice insurance reform measure approved by the General Assembly this year. In March, Governor Schweiker signed Act 13, reform legislation designed to lower insurance premiums for doctors, reduce litigation, improve patient safety, and strengthen physician reporting requirements.

Act 13 reformed the state’s medical malpractice CAT Fund and also instituted several tort reform measures, including a statute of repose provision that will prevent the filing of a lawsuit seven years or more after an alleged incident occurred.  Act 13 also created the Interbranch Commission on Venue, which included members representing the state Supreme Court, legal experts and the legislature, including Senator White.

The commission studied the problem of venue shopping and made recommendations to the General Assembly.

“It was an honor to work with so many respected legal experts to address a problem that has been limiting access to affordable health care for many Pennsylvanians,” said White.  “Medical malpractice lawsuits are supposed to deter bad medical practice and compensate injured patients, not create windfalls.” 

CONTACT: Leigh Ramsey (717) 787-9684