TIM LAWN HELPS RESTORE FAIRNESS FOR VICTIMS OF MEDICAL NEGLIGENCE

Venue is the legal term meaning the county within the state where a lawsuit is filed. Pennsylvania’s longstanding venue rule permits a lawsuit to be filed in any county where the defendant lives, regularly conducts business, or where the events giving rise to the lawsuit occurred. Following years of lobbying by those seeking to limit the rights of malpractice victims, in 2002 the Pennsylvania Legislature changed the venue law for just medical malpractice actions, stating those could ONLY be filed in the county where the alleged negligent care was provided. That special rule for “malpractice venue” remained in place for more than 20 years until the Pennsylvania Supreme Court repealed it effective January 1, 2023. Our own Tim Lawn played an interesting role in that process.

In 2018 the Supreme Court Rules Committee recommended that the Court repeal this malpractice venue rule, but the Court refrained from doing so, acceding to the Pa. Senate’s demand that the legislature’s Budget and Finance Committee study the effect removing this special malpractice rule would have on health care services in Pennsylvania. After months of work, the Committee held public hearings in June 2019 during which it took testimony from many witnesses from groups fighting to keep the special rule in place, such as the Pennsylvania Medical Society, The Hospital Association of PA, and the Insurance Federation. The committee took sworn testimony on behalf of malpractice victims from three attorneys; Tim Lawn was one of those attorneys invited to testify.

Tim testified that this special rule not only violates the fundamental principle that all are to be treated equally under the law; it has also reduced the incentive for hospitals to prevent medical errors. Tim cited studies showing that malpractice is now the 3rd leading cause of death in this country, yet, due in large part to the rule change for malpractice venue, the annual number of malpractice cases filed in Pennsylvania decreased by more than 47%. Tim noted that at the same time the CDC, NIH, Medicare, and other agencies were implementing strategies to reduce malpractice, the Pennsylvania Legislature did the opposite – it passed this rule limiting malpractice victims’ access to the courts. Tim pointed out that when there has been an increase in injuries and deaths on our highways, in our airplanes, or at our workplaces, the prudent legislative response has been to “find out why and fix it.” Yet, when injuries and deaths from medical malpractice were rising, the legislature didn’t seek to learn why and fix it, but rather responded by limiting the rights of victims. 

As he left the hearing room, Tim was stopped by Thomas Previc – a well- respected Harrisburg lobbyist for more than 30 years. Tom told Tim that his was “perhaps the most compelling testimony he had ever seen before a legislative committee.” Some months later, when most expected their report to strongly recommend keeping the special malpractice venue rule, the Budget & Finance Committee issued their report stating that their study was “inconclusive” as to what effect, if any, repealing the special venue rule would have on Pennsylvania. Weeks later the COVID pandemic essentially shut down the state. After the pandemic, in August 2022, the Pennsylvania Supreme Court re-addressed the issue. With an inconclusive legislative study providing no compelling reason for keeping it, the Court issued an Order repealing the special venue rule for medical malpractice actions effective January 1, 2023.