Number of Medical Liability Cases Declined in 2007
Data from the Pennsylvania Supreme Court shows that medical liability cases in Pennsylvania have continued to drop. This demonstrates that tort reform can work—although it is clear that there is still work to be done.
There were 1,617 medical liability case filings in 2007 statewide, down slightly from 2006, according to state court system data released April 14, 2008.
Cases are down 40.8 percent from the average number filed between 2000 and 2002—before the Supreme Court made two important tort reform changes.
The first change required attorneys to obtain certificates of merit from medical professionals establishing that medical procedures fall outside acceptable standards. The second change—aimed at reducing “venue shopping”—required cases to be filed in the county where the incident took place.
Around that time, the General Assembly also enacted standards governing the qualifications of expert witnesses and other procedural reforms.
“As we’ve said in the past, tort reform can work. These court and legislative changes appear to be weeding out the meritless claims. There is still work to be done, however. The medical liability environment in Pennsylvania still has a negative impact on physician recruitment and retention,” said Peter S. Lund, MD.
“A limit on non-economic damage awards continues to be one of the elusive reform elements in Pennsylvania,” Dr. Lund added.
Nearly 600 cases—more than a third of cases in 2007—were filed in Philadelphia, but the city has seen a more than 50 percent drop from the 2000-2002 average.
Allegheny County had the second highest total with 262. The only other county to break the triple digits was Montgomery County with 103. The venue change had the biggest impact on Philadelphia filings, reducing those cases but increasing cases in the surrounding counties.
Last Updated: 8/13/2008