Proposed Venue Rule Changes. Jan. 14, 2019

Size: px

Start display at page:

Download "Proposed Venue Rule Changes. Jan. 14, 2019"

Miles May
5 years ago
Views:

1 Proposed Venue Rule Changes Jan. 14, 2019

2 Agenda Introduction/Welcome Background & Overview PAMED Strategy Legal Divider Slide Legislative Communications Stakeholder Comments/Proposed Strategy Next Steps

3 Divider Slide

4 Background & Overview Divider Slide Angela Boateng, General Counsel, PAMED

5 Proposed Venue Rule Changes The Civil Procedural Rules Committee (Committee) has proposed amendments that would revise the venue rule for medical professional liability cases.

6 Why? The current rule provides special treatment to a particular class of defendants, which no longer appears to be warranted. There has been a significant reduction of filings over the last 15 years. There is a need to restore fairness to the procedure for determining venue regardless of the defendant.

7 The Committee Construction Injury Family Law Philadelphia Court of Common Pleas judge Government Relations/Regulatory Defense Attorney Health Law Personal Injury Appellate Litigation Two (2) former judges from Allegheny County Court of Common Pleas Med Mal Attorneys (4) Trust and Estates

8 The Current Rule A medical professional liability action may be brought against a health care provider only in the county in which the cause of action arose.

9 The Current Rule Joint and Several All health care providers Joint and several Health care provider and nonhealth care provider Case with multiple causes of actions, including medical professional liability Cases involving medical liability action and corporate entity Proper in any county where proper against one of the defendant Only where health care provider can be sued Only where the medical liability action can be filed Only where the medical liability action can be filed

10 Proposed Change Proposed change will make venue proper in the county: 1. Where the cause of action arose (same) 2. The individual may be served; 3. A transaction or occurrence took place out of which the cause of action arose; 4. Venue is authorized by law; or 5. The property or a part of the property, which is the subject matter of the action, is located provided that equitable relief is sought with respect to the property.

11 The Current vs. Proposed Rule Defendants Current Rule Proposed Rule Joint and several All health care providers Proper in any county where proper against one of the defendant Same Joint and several Health care provider and non-health care provider Case with multiple causes of actions against the same defendant, including medical professional liability Cases involving medical liability action and corporate entity Only where health care provider can be sued Only where the medical liability action can be filed Only where the medical liability action can be filed Proper in any county where an action against any defendant may be filed Proper in any county where any one action may be filled against the defendant Proper in any county where an action against any defendant may be filed

12 Scenario 1 Dr. Uro resides in County A and works at a hospital located in County B. Patient alleges that Dr. Uro committed a medical error while providing care at the hospital in County B. Where can the patient file the lawsuit? Current Rule: New Rule: County B County A or B

13 Scenario 2 Dr. Ortho replaces patient s knee at hospital located in County A. Dr. Ortho uses an implant manufactured by PADOCs a surgical implant company that has a registered office in County B. PADOCs regularly conducts business in counties C, D, and E. Six months after surgery, patient is unable to walk and decides to file claims against Dr. Ortho and PADOCs for medical malpractice and products liability, respectively. Where can the plaintiff file the lawsuit? Current Rule: New Rule: County A County A, B, C, D or E

14 Scenario 3 Dr. Pitt is a surgeon at Local Hospital in County A. Patient alleges that Dr. Pitt committed a medical error during a surgery at Local Hospital. Local Hospital is owned by Big Health, Big Health owns and operates hospitals in 40 counties within Pennsylvania. Where can the plaintiff file the lawsuit? Current Rule: New Rule: County A Any one of the 40 counties

15 Potential Fallout More venue choices for medical liability actions Venue shopping for plaintiff-friendly jurisdictions An increase in the number of settlements Increased premiums for medical liability insurance An exodus of physicians Decreased access to quality patient care And so much more

16 ACT NOW Submit comments (deadline is Feb. 22, 2019) by mail, facsimile, or . U.S. Mail Karla M. Shultz, Counsel Civil Procedural Rules Committee Supreme Court of Pennsylvania Pennsylvania Judicial Center PO Box Harrisburg, PA Facsimile Karla M. Shultz, Counsel Civil Procedural Rules Committee Supreme Court of Pennsylvania Pennsylvania Judicial Center FAX: (717) Karla M. Shultz, Counsel Civil Procedural Rules Committee Supreme Court of Pennsylvania Pennsylvania Judicial Center

17 Legislative Strategy Divider Slide Richard Gibbons, Senior Director, Gov t Relations, PAMED

18 Legislative No quick legislative fix Divider Slide

ACTION NOW Send in your comments Info provided Visit our website www.

19 ACTION NOW Send in your comments Info provided Visit our website PERSONALIZE your comments (see talking points) Divider Slide

20 ACTION -- NOW Contact key legislators / leaders (list) Contact your local legislators PERSONALIZE your message Divider Slide

21 Legislative Ask Educate them about the issue Ask them to encourage a hearing on this issue Ask them to make phone calls Divider Slide

22 Legislative Ask Local legislators Share concern with their leadership and the Judiciary Chairs PERSONALIZE your message Divider Slide

23 Stakeholders County medical societies Specialty medical societies Physician organizations Health care associations Nursing Divider Slide Physician assistants Business coalitions Insurers

24 Legislative Long-term Constitutional Amendment (Pennsylvania) Identical legislation must pass both chambers in consecutive legislative sessions Divider Slide

25 Communications Strategy & Resources Claire Divider Shearer, Slide Senior Director, Communications, Membership, & County Relations, PAMED

26 Communications Methods The Dose Press Release Special Dose Divider Slide

27 Resources 1-page Executive Summary Comprehensive Overview Talking Points Online Divider comment Slide form Comments go straight to Committee Stakeholder Resources

28 Landing Page Comment template/form

29 Stakeholder Resources Executive summary and comprehensive overview Facebook banner Facebook badge Sample e-blast text Sample newsletter/website text Sample op-ed

30 Galvanizing the Movement Join Us To join our coalition, fill out online form and upload your logo. o Your logo will be displayed on landing page as a Partner Organization.

Learn how the Pennsylvania Medical Society (PAMED) is helping

31 You know what medicine is supposed to be an art form, a place where time is spent treating people, not paperwork. Learn how the Pennsylvania Medical Society (PAMED) is helping return Pennsylvania physicians to the Art of Medicine.

32 Comment Deadline: Feb. 22 Karla M. Shultz, Counsel Civil Procedural Rules Committee Supreme Court of Pennsylvania Indicate Pennsylvania Rule of Civil Procedure 1006 Learn more:

SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE

SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE Proposed Recommendation No. 248 Proposed Amendment of Rule 4003.5 Governing Discovery of Expert Testimony The Civil Procedural Rules Committee