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Revisiting the Treating Physician Rule: PA Supreme Court Limits Ability of Defense Counsel to Represent Nonparty Treating...

Last month, in Mertis v. Oh, the Supreme Court of Pennsylvania held that a physician subpoenaed for deposition in a malpractice case does not have unfettered discretion in choosing his or her attorney. Rather, the Supreme...more

Supreme Court of Pennsylvania Discards Long-Standing Percentage Revenue Test for Assessing Venue But Its Application to Healthcare...

Last week, the Supreme Court of Pennsylvania issued yet another opinion making it easier for plaintiffs to choose preferred venues to sue corporations. Continuing a trend that has emerged over the last several years, the...more

What Comes Next? Implications of the Supreme Court of Pennsylvania’s Repeal of the Medical Malpractice Venue Rule

On August 25, 2022, the Supreme Court of Pennsylvania issued an Order amending Rules 1006, 2130, 2156, and 2179 of the Pennsylvania Rules of Civil Procedure, all of which pertain to venue in civil actions. The court’s...more

PA Supreme Court Protects Hospital Credentialing Files and Data Bank Disclosures From Discovery

The Supreme Court of Pennsylvania has ruled that the records of any hospital committee which performs a peer-review function are entirely exempt from discovery in Leadbitter v. Keystone Anesthesia Consultants, Ltd., Pa., 2021...more

Pennsylvania Senate Report on the Anticipated Impact of the Proposed Repeal of the Medical Malpractice Venue Rule Delayed by One...

In late December 2018, the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania announced a proposal to rescind the medical malpractice venue rule which, for the past 16 years, has required all medical...more

Pennsylvania Supreme Court Postpones Consideration of Proposed Repeal of Medical Malpractice Venue Rule

The December 22, 2018 proposal by the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania to repeal the medical malpractice venue rule, Pa. R. Civ. P. 1006(a.1), which requires medical malpractice actions to...more

Pennsylvania Senate Urges Supreme Court to Delay Considering Repeal of Venue Rule in Medical Professional Liability Cases Pending...

The proposal by the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania to repeal the medical malpractice venue rule, Pa. R. Civ. P. 1006(a.1), which requires medical malpractice actions to be brought in the...more

Pennsylvania Supreme Court Considering Repeal of the Venue Rule in Medical Professional Liability Cases

The Commonwealth of Pennsylvania was facing a healthcare crisis as of 2002 due, in part, to costly medical malpractice litigation which was impairing the ability of Pennsylvania healthcare institutions to provide quality care...more

PA Supreme Court Declines to Consider Constitutional Challenge to Statutory Damages Cap Applicable to Commonwealth Agencies

Pennsylvania law limits the amount of damages recoverable in tort actions against Commonwealth agencies and local agencies under the Sovereign Immunity Act and the Political Subdivision Tort Claims Act, respectively. Pursuant...more

PA Supreme Court Dramatically Changes Scope of Qualified Immunity for Government Entities for Torts Related to “Operation of a...

The Pennsylvania Political Subdivision Tort Claims Act (PSTCA), 42 Pa. C.S.A. §§ 8541, et seq. generally provides local governmental agencies in Pennsylvania with qualified immunity for tort liability. However, this statute...more

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