O'Brien and Ryan, LLP - Attorneys at Law
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Pennsylvania House of Representatives Approves Punitive Damages Cap in Nursing Home Cases

The Pennsylvania House of Representatives recently approved an amendment to the Medical Care Availability and Reduction of Error (MCARE) Act, which would limit the amount of punitive damages that could be awarded in lawsuits involving medical malpractice in nursing homes. The proposed legislation caps punitive damages at 200 percent of the compensatory damages awarded in actions against personal care homes, assisted living communities, long-term care nursing facilities, home care agencies, and hospices; however, this limit would not apply if there are allegations of intentional misconduct. The purpose of the legislation is to ensure the financial strength of Pennsylvania nursing home facilities by not subjecting them to "jackpot punitive damages awards." The next step in enacting the proposed legislation into law is approval from the Pennsylvania Senate.

See PA H.B. 1907.

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