Saylor Supports Frivolous Lawsuit Protections for Care Providers
1/18/2012
HARRISBURG – The House of Representatives today passed legislation limiting the damages that can be awarded against long-term care facilities in certain lawsuits, said Rep. Stan Saylor (R-York).

“I supported this legislation because Pennsylvania’s strong protection of patients has been abused by out-of-state trial lawyers filing numerous frivolous lawsuits with the intention of intimidating physicians and care facilities into settlements without going to trial,” Saylor said. “By limiting the awards of punitive damages without limiting the ability to recover actual damages, we are continuing to protect those who have been legitimately harmed while still taking away the allure of Pennsylvania as a venue for trial lawyers with questionable ethics.”

House Bill 1907, which passed by a vote of 103 to 89, would extend Pennsylvania’s Mcare Act to limit the amount of punitive damages against a long-term care facility in a medical professional liability case to no more than 200 percent of the compensatory damages awarded in the case.

However, the limitation would not apply to cases in which intentional conduct is alleged.

The types of facilities covered under the bill would include: 

        • Personal care homes 
        • Assisted living communities 
        • Long-term care nursing facilities 
        • Care agencies 
        • Health care agencies 
        • Hospices 
    
If punitive damages are awarded in cases against such entities, the amount of the award would not be less than $100,000, unless a lower verdict amount is returned by the judge or jury.

The bill now moves to the state Senate for further action.

House Majority Whip Stan Saylor
94th District, Pennsylvania House of Representatives
Contact: Charles Lardner
clardner@pahousegop.com
717.260.6443
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