What Is a 'Fair' Venue for Medical Malpractice Litigation?

By: Kevin C. Cottone, Chuck Eppolito and Joshua Gajer
The Legal Intelligencer

The concept of venue is as old as the Anglo-American legal system itself. Unlike jurisdiction, venue is not a substantive right; rather, it is a procedural rule which, in this commonwealth, the Pennsylvania Supreme Court has exclusive authority to regulate.

The current medical malpractice venue rule, Pa. R. Civ. P. 1006(a.1), which requires medical malpractice actions to be brought in the county where the medical care occurred, is reasonable, fair and—despite unsubstantiated claims to the contrary—has not impacted medical malpractice victims’ ability to receive just compensation for their injuries.

Kevin Cottone, Chuck Eppolito and Joshua Gajer discuss the proposed rule that would repeal the the PA medical malpractice venue rule and why they believe it should not be repealed in their article "What Is a 'Fair' Venue for Medical Malpractice Litigation." 

This correspondence should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only and you are urged to consult a lawyer concerning your own situation and legal questions.



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