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Harrisburg, Pennsylvania

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Scott Cooper
Scott Cooper
Attorney • (800) 232-6301

Pennsylvania Proposal Seeks Cap On Punitive Damages In Nursing Home Claims

2 comments

What do you think about a Governor and legislator supporting a law which places an arbitrary cap on punitive damages if you, or a loved one, are the victim of negligence in a nursing, long-term care, assisted living, and personal care facility? This even includes unlawful conduct! This is precisely what the Governor and many legislators in Pennsylvania are proposing and supporting.

The Pennsylvania House of Representatives passed a measure, last week, which will cap the punitive damages awarded in nursing home abuse lawsuits. House Bill 1907 (HB 1907) now goes to the Pennsylvania Senate where the Senate should be urged not to even consider this unconstitutional, unnecessary, and hurtful measure.

Specifically, the legislation caps punitive damages at 200 percent of compensatory damages awarded in medical negligence lawsuits that name nursing, long-term care, assisted living, and personal care facilities as defendants, even for unlawful conduct. The only exceptions are when a defendant intentionally or knowingly acted negligently.

The sole reason for passing the law is to bolster a nursing home’s profits at the expense of safety. Even more insulting to the elderly and victims is the fact that Pennsylvania’s Governor Corbett is endorsing this measure.

Don’t you agree that this Bill should not see the light of day?

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer


2 Comments

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  1. Mike Bryant says:
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    It is just horrible public policy. How many nursing home punitive damage cases have there been in the state? How horrible were the conditions that involved those cases. Maybe spend the time and effort on making sure those type of cases never happen again vs. making it a economically viable option.

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    I’m not that concerned, if the exception were to work, because such acts are either negligent or deliberate. There is no other description for wrongful acts – careless or on purpose.
    Both have to pay and pay BIG!