It's a good time to be a medical malpractice attorney in Pennsylvania.
While medical malpractice claims have been common in the United States since the 1960s, Philadelphia is experiencing an almost unprecedented surge in cases being filed from across the state.
Let's take a look at why this surge is happening in Philadelphia and what it means for plaintiffs and legal practitioners.
What is medical malpractice?
Medical malpractice occurs when a patient is harmed because a health care professional deviates from the accepted standard of care.
Examples of actions (or inactions) that commonly result in medical malpractice claims include:
- Failing to diagnose an illness
- Misdiagnosing an illness
- Prescribing an improper medication or dosage
- Failing to warn a patient of known risks
- Prematurely discharging a patient
In order to establish a medical malpractice claim in most states, a patient must prove the following two elements:
- The health care provider failed to exercise the degree of care and skill expected of a reasonable health care provider in the profession, and
- Such failure was the cause of the patient’s injury.
In medical malpractice cases, the focus of litigation is typically on what the health care provider should have done in a specific set of circumstances. The standard by which the health care professional is judged is called the “medical standard of care.”
In other words, in most medical malpractice cases, the plaintiff attempts to persuade a judge or jury that a health care professional failed to act with the same level of care that an ordinary health care professional with the same training and experience would have, and the defendant attempts to persuade a judge or jury that a health care professional acted competently. Both sides can—and are typically required to—present testimony from experts to support their arguments.
Medical malpractice numbers across the United States
Medical malpractice payments have remained relatively consistent in the United States over the last decade, with a small dip during the pandemic. A study by the Division of Economic and Health Policy Research found that one in three doctors will face a medical malpractice claim at some point in their career.
| Medical malpractice payments in the United States (2013-2023) |
||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 |
| 12,654 | 12,460 | 11,998 | 11,532 | 11,641 | 11,835 | 11,714 | 9,682 | 9,300 | 11,184 | 11,440 |
| Source: National Practitioner Data Bank | ||||||||||
Certain states, like New Mexico and New York, have historically had higher rates of medical malpractice payments due to various factors, including state-specific laws that make it easier for patients to file claims.
States with higher concentrations of health care providers, particularly in specialties such as obstetrics, surgery, and emergency medicine, also tend to see more claims.
Medical malpractice payments by state
Find out where medical malpractice payments are the most common.
Surge in medical malpractice claims in Philadelphia
In Philadelphia, medical malpractice lawsuits have surged by 54 percent since 2019. Experts attribute this increase to two main factors:
- Historically large verdicts awarded by Philadelphia juries, and
- A new law that allows cases to be filed in Philadelphia even if the incident occurred elsewhere, as long as the defendant regularly conducts business in the city.
In August 2022, Pennsylvania’s Supreme Court reversed a two-decade-old rule that restricted medical malpractice lawsuits to the county where the alleged malpractice occurred. This change, which took effect in 2023, was hailed by trial lawyers for improving access to justice. However, critics feared it would lead to "venue-shopping," where cases are filed in jurisdictions known for higher payouts. Those concerns appear to have materialized.
According to a report from The Philadelphia Inquirer, 43 percent of the 657 medical malpractice complaints filed in Philadelphia between January 1, 2023, and April were based on care provided outside the city. During that same period, malpractice filings in surrounding counties decreased, with Delaware County seeing a more than 50 percent drop in cases from 2022 to 2023.
A Philadelphia jury awarded former Eagles captain Chris Maragos $43.5 million in a medical malpractice lawsuit against his doctors for negligence in treating a knee injury that ended his NFL career. The jury found that Pittsburgh-based surgeon James Bradley and Rothman Orthopaedics Institute, the Eagles’ orthopedic doctors, were negligent in their treatment, particularly in failing to address damage to Maragos' meniscus after operating on his posterior cruciate ligament in 2017.
The jury deliberated for less than three hours, ordering Bradley to pay $29.2 million and Rothman $14.3 million. The verdict followed a high-profile, two-week trial that featured testimony from former Eagles players and detailed medical evidence. Maragos expressed gratitude for the outcome, stating that it was the first step in moving forward from the injury that continues to affect his daily life.
What this means for plaintiffs and legal practitioners
For plaintiffs, the ability to file in Philadelphia offers a significant strategic advantage, as the city's courts are known for awarding high verdicts. For legal practitioners, the surge means more cases to handle, particularly those originating from outside the city. However, it’s important to remember that you can’t just file your claim in Philadelphia because you want to—the court must have jurisdiction, or your lawsuit will be tossed.
“Philadelphia is like a slot machine. It’s a slot machine that everybody wants to play.”
- Nick Gaudiosi, Aon east region health-care practice leader
However, there are downsides to this trend. The influx of cases is likely to slow down the courts, making them less efficient and potentially delaying justice for plaintiffs. Additionally, the rise in high-dollar payouts is driving up malpractice insurance costs for doctors and hospitals, costs that could eventually be passed on to consumers.