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<p>WILKES-BARRE &#8212; State Sen. Lisa Baker said this week that proposed changes being considered by the Civil Rules Procedure Committee of the Pennsylvania Supreme Court are &#8220;quite alarming.&#8221;</p><p>Baker said the committee recently made notice of a proposed amendment governing venue in medical liability actions.</p><p>Baker, R-Lehman Township and chair of the Senate Judiciary Committee, is concerned the proposals could lead to &#8220;venue shopping&#8221; by attorneys, something which led to huge awards and a &#8220;medical malpractice crisis&#8221; in Pennsylvania.</p><p>The system was reformed in the early 2000s, and Baker doesn&#8217;t want to see the success of those efforts wiped away.</p><p>She sent a letter detailing her concerns to the court&#8217;s rules committee.</p><p>&#8220;A major contributor to Pennsylvania&#8217;s improved economic condition has been the series of reforms enacted in the early 2000s to address the medical malpractice crisis,&#8221; Baker said. &#8220;After years of political confrontation over powers and responsibilities, these reforms came about through extensive negotiations between the three branches of state government.&#8221;</p><p>Baker said Act 13 of 2002 created the Pennsylvania Interbranch Commission on Venue, which developed the crucial rule that helped abate what she called &#8220;the crisis.&#8221;</p><p>Baker said by reining in the costs of excessive litigation and out-of-line awards, Pennsylvania was able to stabilize insurance rates and stem the loss of medical practitioners and facilities.</p><p>&#8220;The change to curtail venue shopping worked even better than intended, an infrequent occurrence in the world of implementing and realizing reform,&#8221; Baker said.</p><p>As someone who was part of the Ridge/Schweiker administration, Baker said the medical malpractice crisis raged, and she has seen how the restrictions on venue shopping brought constructive balance to the system.</p><p>&#8220;I did not foresee dramatic change as necessary or imminent in 2019,&#8221; Baker said. &#8220;Why change now and risk a renewed litigation and cost explosion? There has not been perceptible pressure from the public or from the medical community.&#8221;</p><p>Baker said the word &#8220;fairness&#8221; has been offered in justification for the change.</p><p>&#8220;But fairness for whom is the big question mark hovering over this issue,&#8221; she said. &#8220;Not only would a productive status quo be disrupted, it can be argued that the consolidation of medical systems will make them larger targets. This appears to be a serious self-inflicted wound for our structure of medical care.&#8221;</p><p>Baker said from the vantage point of her Senate district, this only adds to the already considerable challenges confronted in providing accessible and affordable health care in rural areas.</p><p>Baker went on to say that before venue reform was enacted, Philadelphia held more medical malpractice trials than any county in the nation.</p><p>&#8220;The number of million dollar awards in the city was only slightly below those for the entire state of California,&#8221; Baker said. &#8220;High-risk medical specialists were moving out of the commonwealth, family practices were closing, and maternity wards were becoming fewer. Insurance premiums were soaring, with no relief in sight. The coalition formed to advocate tort reform was broad in composition and deep in commitment. The concern of many has to be why the committee is messing with success?&#8221;</p><p>The lawmaker went on: &#8220;If this change moves forward unchallenged, the fear is it will reverse progress and prove immensely destabilizing to medical care. This proposed rule needs to be suspended for a fuller examination of its implications, for medical care and for the overall economy.&#8221;</p><p>Baker said an entity such as the Legislative Budget and Finance and Committee needs to do an economic analysis of the expected impact. This, Baker said, will give everyone ample opportunity to weigh in.</p><style>
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<div class="neCaption">Baker </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2019/01/web1_BakerWeb.jpg</photo0><caption0>Baker </caption0><photoCredit0></photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Bill O&#8217;Boyle</p><p>boboyle@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Bill O&#8217;Boyle at 570-991-6118 or on Twitter @TLBillOBoyle.</p></shirttailMeta></div>

Baker urges delay of proposed rule change in medical liability cases