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Kevin Cottone Provides Insight on Inconclusive PA Med Mal Venue Report

Law360
February 5, 2020

Kevin Cottone, Chair of the Healthcare Group, was interviewed by Law360 regarding the highly anticipated report from the Pennsylvania Legislative Budget and Finance Committee (LBFC) examining the potential impact of the proposed repeal of the medical malpractice venue rule. 

Despite extensive work over the past year, the Committee concluded that there was insufficient data to assess the impact of any change to the medical malpractice venue rule on the access to or availability of medical care, compensation for victims of medical negligence, or the cost and affordability of medical malpractice insurance.

Cottone dissected what the Committee's findings mean for both sides.

“I think the report recognizes that, given the myriad factors that impact the functioning of the insurance market, it’s reasonable to conclude that any change, like repealing the med mal venue rule, could be destabilizing,” Cottone said.

Cottone said the payout data served to ameliorate concerns raised by the Pennsylvania judiciary that a significant number of medical malpractice victims in the state were going uncompensated.

“There is no data to support the contention that the venue rule has led to any uncompensated victims of medical malpractice in Pennsylvania.”

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