Philly's Medical Malpractice Cases Are Surging Since a New State Rule Went into Effect
By Jason Laughlin and Abraham Gutman
According to Philadelphia's Court of Common Pleas, the number of medical malpractice cases filed in that court rose almost threefold in January and February to 117, compared to the same period in 2021, marking the most cases filed for those two months since 2017. The increase is being attributed to a rule change that allows medical malpractice suits to be filed in a different county if at least one of the defendants does business there. So far this year, the Philadelphia court has seen filings of cases involving health systems in West Reading, Bensalem, and Langhorne, among others. Prior to the rule change, Pennsylvania required medical malpractice cases to be filed in the county where the injury occurred. Some have blamed sizable jury awards, especially in Philadelphia, for increasing medical liability insurance costs and causing doctors to leave the state. A recent large malpractice verdict from Philadelphia saw a local jury award $43.5 million to ex-Philadelphia Eagles captain Chris Maragos in a case against the doctors who treated his knee. According to an analysis by the Philadelphia Inquirer, this was the second highest verdict awarded by a Philadelphia jury in a medical malpractice case in a decade. Records reveal that between 2009 and 2021, at least 57 other cases tried in Philadelphia courts saw verdicts above $1 million. While attorneys attribute an increases in case filings in Philadelphia to the fact that cases are heard more quickly than in neighboring counties, there are concerns about "venue shopping." However, only about 5% of medical malpractice cases go to trial, according to the Philadelphia Court of Common Pleas, so some experts say filing in a plaintiff-friendly venue offers leverage in settlement negotiations. State courts data show that plaintiffs suing health-care providers won 36% of cases in Philadelphia from 2017 to 2019, versus 12% in Montgomery County and 9% in Lancaster County. However, over the same period, juries in Philadelphia ruled in favor of plaintiffs less often than in Chester, Bucks, and Delaware counties. Philadelphia lawyer Michael Brophy, who has represented both plaintiffs and hospital systems, said, "This is going to take one to two years to see the results, to see if there's an increase in filings, an increase in trials."
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