Exclusive look at Philly surge in malpractice suits

Sep. 18—Good morning. Our big read today looks at our exclusive reporting on a new flood of medical malpractice lawsuits into Philadelphia, and what the rule change behind the rush means for insurers, providers, and plaintiffs. In more news, Bayada has to pay $13.5 million to its nurses over wages, and a round of musical chairs is underway among academic deans in our area.

Plus, how do you think your hospital ranks for doctors' bedside manner? This week, we dive into the data from a national survey to find out. For a chance to be featured in this newsletter, or to share your tips, questions and suggestions, email us back.

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— Alison McCook, Inquirer health reporter, @alisonmccook

The Big Read: Philly is again a Mecca for med malpractice lawsuits

A recent change in court rules is allowing medical malpractice cases to be filed in the city even if the incident occurred elsewhere. The hook? The defendant must also do business within city limits — which, given the recent consolidation of health systems, applies to scores of local health-care institutions and private physician groups.

Our colleague Harold Brubaker spent weeks reviewing court filings at City Hall to report a story full of eye-popping stats:

1.

More than dozen medical malpractice lawsuits are being filed in Philly court every month, stemming from incidents that took place as far away as Scranton and York.

2.

Between January 1, 2023, and April 2024, more than 40% of 657 medical malpractice complaints initiated in Philadelphia were based on care provided outside the city.

3.

Not surprisingly, there are now fewer malpractice cases being filed in suburban counties. In Delaware County, for instance, the number of suits fell by more than half, to 32 in 2023 from 67 in 2022.

Why the flocking to Philly? One word: payouts. The city has a history of multimillion dollar verdicts, prompting one expert to liken the city to "a slot machine that everybody wants to play."

To learn more about the implications for the insurance industry (could some insurers once again stop doing business in Pa.?), read Harold's story.

The latest news to pay attention to

1.

Bayada Home Health Care Inc. has settled a class-action lawsuit for $13.5 million. At the heart of the case: wages. The lawsuit alleged the company did not pay nurses for time spent in mandatory training sessions, nor for when they updated an incoming nurse or caregiver on a patient's condition.

2.

Get your flu shot! Seriously, it's time. A professor at Temple University's College of Public Health is advising Philly residents to get their annual flu vaccines in September and October, and pair them with an updated vaccine against COVID-19 (which the CDC now considers endemic, btw).

3.

Can a redevelopment project at a transit hub make a community healthier? In Camden, a mixed-use building of 47 affordable rental units for seniors is rising above a Virtua Our Lady of Lourdes Hospital primary care facility, bordering PATCO's Ferry Avenue Station. The project, dubbed Oliver Station, aims to provide primary care to residents of the building and nearby neighborhoods, along with the station's more than 1,000 daily commuters.

Exclusive data dive

A recent federal survey asked patients to rank hospital doctors by how well they communicate with patients — by, for instance, listening, explaining concepts, and treating them with respect. And our region's ranking is ... below average.

Philly-area hospitals received an average score of three out of five stars for how well doctors communicate with patients, while the national average was a four-star rating. Eight hospitals received a two-star rating for doctor communication.

Read more to see how your hospital fared in the national survey.

Hospital inspections

Late last year, two employees of Jefferson Moss-Magee Rehabilitation Hospital came to their supervisor with an alarming allegation: They saw someone inappropriately touching a patient who was being treated for brain cancer and epilepsy, and had limited communication abilities. But the incident was never reported, nor documented in the patient's file.

State inspectors have cited the hospital for not reporting the suspected sexual abuse to authorities. According to the citation, the alleged abuser was not a hospital employee.

Click here to read more about this incident, which follows similar citations in recent months for two Main Line Health hospitals that also failed to report instances of alleged sexual assault.

Experts say

Everyone wants a diagnosis for whatever ailments they're facing. But in many cases, it's not that simple. When is it time for a patient to give up the search for a label for their discomfort, and focus on treatment, instead?

That's the question posed — and probed — by Amanda Finegold Swain, a family medicine physician in the University of Pennsylvania Health System. It can be hard for patients to give up the hunt, as getting a specific diagnosis is validating, and can help them educate themselves about their condition or join a support community. But often, the diagnosis won't change the course of action. In that instance, "our time is best spent managing symptoms and improving function," Swain writes.

Making moves

It was a big news week for academic deans in the Philly area.

There are four new deans at Rutgers University — Angela Starkweather at the School of Nursing (pictured, above), Christopher M. Span at the Graduate School of Education, George Leibowitz at the School of Social Work, and Mark Anner, the new head of the School of Management and Labor Relations. (And in more Rutgers news, its president Jonathan Holloway plans to step down from his post in June.)

Rutgers wasn't the only university in our area to announce some dean shake-ups: Drexel has asked several deans to step down, part of its decision to shake up its organizational structure, our higher education reporter Sue Snyder reported last week. The deans affected are at the College of Engineering, the College of Computing and Informatics, and the School of Biomedical Engineering, Sciences, and Health Systems.

Meanwhile, faculty at Salus are opposing the president's decision to remove the dean of its Pennsylvania College of Optometry, as its merger with Drexel advances.

Bulletin board

A biotech company whose CEO is based in West Chester announced last week it has $35 million in new financing, led in part by the Gates Foundation. Radiant Biotherapeutics plans to use the money to further its signature technology, an engineered antibody that it's testing in HIV (thus sparking Gates' interest), COVID-19, and cancer.

Radiant's labs are in Toronto, but it is expanding its presence in the Philly area, hiring more managers, including someone with experience in business development.

Do you think Philadelphia is a good place for a biotech's U.S. office? Why or why not? For a chance to be featured in this newsletter, email us back.

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