Just last week, the Pennsylvania House of Representatives voted down extending the Medical Care Availability and Reduction of Error Act (MCARE) to nursing homes and assisted living facilities in the state. Among other provisions, the MCARE Act currently caps punitive damages against doctors, hospitals, and healthcare providers to 200% of the amount awarded for compensatory damages in medical malpractice lawsuits. The latest version of the bill sought to limit punitive damages against nursing homes to 250%. Punitive damages are dollars awarded to a victim with the intent to punish the party responsible for causing injury. Punitive damages are also intended to deter the likelihood of similar incidents occurring in the future.
Damage Caps: A Solution to a Non-Existent Problem
Robert L. Sachs, Jr., a Pennsylvania personal injury attorney, told the Penn Record that nursing homes are “asking for protections that already exist, and they’re asking for protections…as a cure for a problem that hasn’t even been diagnosed.” Sachs goes on to challenge Pennsylvania nursing home defense attorneys to pull up 5 awards composed of large punitive damages.