Why Where You File Your PA Malpractice Case Matters

If you file a medical malpractice case in Pennsylvania, where you file it can affect the outcome. A recent rule change gives patients more choice in where their case is heard—especially if the provider does business in more than one county. This blog will explain what changed, how it could help your case, and why choosing the right location is now more important than ever.

What Is Rule 1006 and Why It Changed

Before January 2023, Pennsylvania required malpractice cases to be filed in the county where the harm happened. That made it harder for patients to choose a court that might be fairer to them. It also protected doctors from being sued in places that tend to award bigger settlements.

Now, the rule has changed. Patients can sue in any county where the provider does business. Some doctors’ groups, like the Pennsylvania Medical Society, say this will raise their insurance costs and hurt access to care.

More Cases Might Go to Courts in Cities Like Philadelphia

Philadelphia courts may now see more malpractice cases. This could mean longer wait times for settlements. It could also hurt doctors’ reputations if they stay under legal threat for longer.

Busier courts could mean longer waits and more pressure on doctors.

Pennsylvania Tries to Balance Doctors’ and Patients’ Needs

Doctors carry insurance to protect themselves when things go wrong. Pennsylvania once had average insurance rates, but now they’re going up—especially in cities. To help, the state created the Medical Care Availability and Reduction of Error Fund (Mcare), a fund to help pay settlements.

Mcare pays a portion of claims so doctors don’t face full financial risk. This also helps make sure injured patients get fair payouts. But recent budget cuts to Mcare mean less help for doctors now.

If doctors fear being sued in courts that favor victims, they might settle faster. In fact, Mcare reported claims payouts rose from $141 million in 2021 to $275 million in 2024. Over half of those payouts happened in Philadelphia.

Rule 1006 Changed to Help Injured Patients

The Committee that changed the rule said rural patients couldn’t always find fair courts or lawyers nearby. They believed that more options would help patients get justice. Even though some medical groups opposed the rule, it passed.

The change was made to help rural patients get a fair shot in court.

Other injury cases like car accidents never had the same limits. This change just puts malpractice claims on the same playing field. It also reduces the burden for patients who need access to better courts.

Now, patients can sue where they or the provider live or work—or where the injury happened. They can also file where the doctor does business or where related events took place. This opens the door to hiring more experienced lawyers in stronger legal areas, such as birth injuries, nursing home abuse, or medical misdiagnosis.

How Your Case Location Can Affect Your Outcome

Picking the right place to file your case can make a big difference. Certain counties—like Philadelphia—often have judges and juries that are more familiar with malpractice claims. These courts may also have a history of larger verdicts and more patient-friendly outcomes.

Here are some of the reasons choosing the right location matters:

• Access to judges who have more experience in your type of case
• Access to judges with sympathy for your situation
• Larger jury selection pools than in rural countries
• Existing legal decisions that could support your claim
• Higher average settlement amounts or jury awards

In 2024, the Unified Judicial System of Pennsylvania found that, of the 9 medical malpractice cases tried in Philadelphia, 8 resulted in verdicts between $1 million and $10 million.

You Still Need the Right Legal Team

Even with more freedom to choose where to file your case, having an experienced malpractice lawyer is key. At Lopez McHugh LLP, we focus only on medical negligence cases, so we know how to build strong claims and fight for full compensation. Schedule a free consultation today— you don’t pay us unless we win for you.