Healthcare Law Briefs
1.
Pennsylvania
Supreme Court Amends Venue Rules in Med-Mal Actions
On March 5, 2003, the Pennsylvania
Supreme Court handed down an amendatory order, making changes in the
Pennsylvania Rules of Civil Procedure regarding venue in medical
malpractice actions. The major change, or addition, was made to
Pa.R.C.P. 1006. Rule 1006(a.1) was added, which states that in medical
malpractice actions, the county in which the cause of action arose is
now the only county in which venue is proper. This change was made due
to a concern that defendants were requesting that their cases be removed
from Philadelphia because juries there are seen as being more favorable
to plaintiffs. These amendments apply to all actions filed since January
1, 2002, and defendants now have 90 days in which to file motions to
move their cases to the county in which the injury occurred.
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2.
Physicians Fleeing Pennsylvania and Its Malpractice Costs
According to the recently released
Federation of State Medical Boards 2003 annual summary of board actions,
the number of licensed physicians practicing in Pa. dropped by almost
1,100 from 2001 to 2002, reported the Philadelphia Daily News. Some of
the 1,071 fewer licensed doctors retired, while others have fled the
state to escape skyrocketing malpractice insurance premiums and
established new practices elsewhere, according to surveys by the
Pennsylvania Orthopedic Society and other medical specialty groups, the
Daily News noted. In nearby states, the number of doctors is growing:
the report shows that the number of licensed practicing physicians
jumped by more than 2,500 in Maryland and 1,900 in New Jersey, the Daily
News added.Philadelphia Daily News, April 16, 2003
http://www.philly.com/mld/dailynews/news/local/5643480.htm
PND News Briefs -
Western PA Edition April 16, 2003
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3. New
York High Court Confirms $140 Million Award
New York's highest court has confirmed a
lower court decision that a child was entitled to $140 million
compensation for devastating brain injuries resulting from malpractice
at a New York City hospital, but has recommended that the state
Legislature reconsider the provisions of a statute that established a
formula for the determination of such compensation ("Desiderio v. Ochs",
N.Y., No. 29, 4/8/03). The New York Court of Appeals said that it was
bound to uphold the lower court's decision, despite the fact that a jury
had determined the appropriate level of compensation to be $50 million.
The $140 million damage figure resulted from the application of a
statutory formula that relates to situations where long-term care is
required as a result of malpractice.
http://pubs.bna.com/ip/BNA/hce.nsf/is/a0a6t2w9e2
Apr. 17 -- BNA's Health Care Daily Report
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4. Telehealth
Reimbursement
The American College of Physicians has
released a paper urging CMS to develop guidelines for "e-visit"
reimbursement. The paper, The Changing Face of Ambulatory Medicine -
Reimbursing Physicians for Computer Based Care, is available at
http://www.acponline.org. hpp/e-consult.pdf.
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5. Pa. Malpractice Task
Force Avoids Noneconomic Damage Issue
The task force
appointed by Pa. Governor Ed Rendell issued its report on April 1,
2003. In addition to recommending increased Medicaid reimbursement and
a number of patient safety initiatives, the task force also addressed
tort reform issues. Although the group recommended further study of
ideas such as alternative dispute resolution, limits on attorneys fees,
and a special court to hear medical professional liability cases, the
task force stopped short of recommending a cap on non-economic damages.
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>For more information about the
topics presented in this newsletter please contact one of the Healthcare
Attorneys:
>Read
the Fall 2002 issue of our HEALTHCARE
NEWSLETTER.
 Tucker Arensberg,
P.C.
1500 One PPG
Place Pittsburgh, PA 15222 412/566-1212
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