New rules were enacted in 2002 by the Pennsylvania high court in an attempt to limit “frivolous” medical malpractice lawsuits. In 2010, medical malpractice litigation against hospitals and doctors in Pennsylvania dropped to the lowest point since the adoption of the new guidelines. The new standards within the state are supposed to ensure that all the medical negligence cases that reach trial are legitimate, as opposed to dubious, claims. Medical malpractice attorneys believe plaintiffs will still be able to acquire just compensation for medical malpractice because more of the judicial resources will be available to the deal with stronger lawsuits.
Statewide Medical Malpractice Suits Down 45% Since Adoption of New Rules
The worry among medical malpractice attorneys has been that the new rules limiting the ability of plaintiffs to bring lawsuits may place a significant obstacle in the way of patients finding justice. Medical malpractice has been a hot button issue in nearly every jurisdiction within the country, with many politicians concerned with stabilizing the costs of malpractice insurance. Medical malpractice attorneys’ chief concern is that rules that are over-expansive may keep meritorious cases from reaching a courtroom. On the other hand, many medical malpractice attorneys believe that these new rules in Pennsylvania may help those patients bringing strong negligence cases to court. Although the new standards on negligence have been put into place to limit frivolous lawsuits, those patients with strong cases will have more of the judicial resources at their disposal.
The Pennsylvania rules now require medical malpractice attorneys to file a statement by an expert in the medical field stating that the claims being brought are not frivolous. Clearly, those patients who are able to pass this standard have a legitimate case and should have a fair shot at prevailing in a court of law. The rules also require medical malpractice attorneys to file the lawsuit in the county where the health care provider’s mistake took place, in an effort to limit plaintiffs from running to a more sympathetic forum to have their case tried.
Hospitals and doctors are clearly involved in big business and have a big say in the political processes across the country. Hopefully, patients who have been harmed by medical negligence can still pursue a fair remedy in Pennsylvania.
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you believe that you or a loved one have been recently treated by a negligent medical provider which is causing excess and/or unnecessary pain and discomfort, please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.