Leveling the Playing Field: New Rights for PA Patients
A major shift in Pennsylvania legal procedure has restored the right of medical malpractice victims to hold massive healthcare systems accountable in the communities where they conduct business.
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Article written by Gregory Unatin, Esq. Greg is a managing partner in the law firm of Lupetin & Unatin, a medical malpractice law firm located in Pittsburgh and serving Western Pennsylvania.
Our practice is limited to high-value catastrophic cases because that is where we can do the most for our clients and for patient safety.
For nearly two decades, victims of medical malpractice in Pennsylvania were limited by a restrictive rule that often shielded large hospital systems from facing trials in major metropolitan courts. However, a landmark change to Pennsylvania Rule of Civil Procedure 1006 has recently leveled the playing field, giving injured patients more power to choose where their case is heard.
What is Pennsylvania’s Rule 1006?
In legal terms, Rule 1006 governs “Venue.” Venue is the specific geographic location or county where a lawsuit can be filed and where the trial will eventually take place.
The Old Rule (2003–2022)
Under the previous standard, you could only sue a doctor or hospital in the specific county where the actual medical error occurred. This “carve-out” treated medical malpractice differently than almost any other type of personal injury case, making it difficult for patients in rural areas to access more robust legal resources in major cities.
The New Rule (Effective Jan 1, 2023)
The updated rule returned Pennsylvania to a standard where medical professionals are governed by the same venue rules as other defendants. You can now file your lawsuit in the county where the harm happened, OR any county where the defendant—such as a hospital system or healthcare corporation—”regularly conducts business”.
The Rule is Now Permanent
When this change was first introduced in 2023, the Supreme Court of Pennsylvania included a provision requiring a formal reexamination of the rule after two years to assess its impact. By Order of February 18, 2026, the Court officially removed that reexamination requirement, signaling that the current venue rules are here to stay. This confirmation ensures that injured patients will continue to have the same geographic flexibility in seeking justice as any other civil plaintiff in the Commonwealth.
Why Is This Change So Important?
This shift is one of the most significant updates to Pennsylvania medical malpractice law in decades. Many of the state’s healthcare providers have consolidated into massive, multi-county networks. Under the old rules, a large health system could be sued only in the county of the injury, even if they had a massive corporate presence and business footprint in major hubs like Pittsburgh or Philadelphia.
The Supreme Court of Pennsylvania amended this rule to eliminate “special treatment” for medical defendants, ensuring that people harmed by doctors are treated with the same legal standards as those harmed in car accidents or other civil disputes.
How Does This Benefit Victims of Medical Malpractice In Pennsylvania?
The “where” of a lawsuit can drastically affect the outcome of a case. Here is how the expanded Rule 1006 benefits Pennsylvania patients:
- Access to Robust Court Systems: Patients injured in rural areas can now potentially bring their cases to urban courts (such as the Allegheny County Court of Common Pleas) that are better equipped to handle complex medical litigation.
- Fairer Jury Pools: Urban areas often provide larger, more diverse jury pools that may be more familiar with the complexities of high-stakes malpractice cases.
- Holding Large Systems Accountable: If a health system markets itself and operates clinics across the entire state, it is now required to defend its care in any of those communities where it has a significant presence.
- Equitable Compensation: Historically, cases filed in major metropolitan hubs have resulted in more adequate compensation for victims who have suffered life-altering injuries.
The “Regularly Conducts Business” Standard
The key to this new flexibility is proving that a defendant has a significant, ongoing presence in your chosen county. This might include:
- Owning hospitals or specialized clinics in that county.
- Having significant referral agreements or administrative offices.
- Conducting a large volume of business or targeted marketing within that jurisdiction.
Lupetin & Unatin: Fighting for Your Best Venue
At Lupetin & Unatin, LLC, we understand that legal strategy starts on day one—and that includes choosing the right courthouse for your case. Rule 1006 has opened doors for Pennsylvania patients that were closed for twenty years.
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If you suspect you or a loved one has been harmed by medical negligence, we can help you navigate these complex rules to ensure your case is heard in the most favorable environment possible.