Pennsylvania Legislature Moves On Legislation Which Caps Punitive Damages In Nursing Home Claims
Posted On Behalf of Schmidt Kramer Injury Lawyers on May 15, 2012 in Medical Malpractice
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 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?