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A07533
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1037
Session of
2017
INTRODUCED BY KAMPF, GROVE, KEEFER, GODSHALL, PICKETT, KAUFFMAN,
B. MILLER, ROE, MILNE, LAWRENCE, BAKER, MUSTIO, EVERETT,
CUTLER, OBERLANDER, KNOWLES, SAYLOR, MASSER, ZIMMERMAN,
PHILLIPS-HILL, CORBIN, TURZAI, JOZWIAK, HELM, MARSICO,
MACKENZIE AND ROTHMAN, MARCH 31, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 31, 2017
AN ACT
Amending the act of March 20, 2002 (P.L.154, No.13), entitled
"An act reforming the law on medical professional liability;
providing for patient safety and reporting; establishing the
Patient Safety Authority and the Patient Safety Trust Fund;
abrogating regulations; providing for medical professional
liability informed consent, damages, expert qualifications,
limitations of actions and medical records; establishing the
Interbranch Commission on Venue; providing for medical
professional liability insurance; establishing the Medical
Care Availability and Reduction of Error Fund; providing for
medical professional liability claims; establishing the Joint
Underwriting Association; regulating medical professional
liability insurance; providing for medical licensure
regulation; providing for administration; imposing penalties;
and making repeals," in medical professional liability,
further providing for punitive damages.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 505(d) of the act of March 20, 2002
(P.L.154, No.13), known as the Medical Care Availability and
Reduction of Error (Mcare) Act, is amended to read:
Section 505. Punitive damages.
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(d) Total amount of damages.--
(1) Except as provided under paragraph (2) and in cases
alleging intentional misconduct, punitive damages against an
individual physician shall not exceed 200% of the
compensatory damages awarded.
(2) Except in cases where the trier of fact finds that
an officer, employee or agent of an entity under subparagraph
(i) or (ii) acted with intent to harm, punitive Punitive
damages against any of the following shall not exceed 250% of
the compensatory damages awarded:
(i) A personal care home or an assisted living
residence, licensed by the Department of Human Services
under the act of June 13, 1967 (P.L.31, No.21), known as
the Human Services Code.
(ii) A long-term care nursing facility licensed by
the Department of Health under the act of July 19, 1979
(P.L.130, No.48), known as the Health Care Facilities
Act.
(iii) An officer, employee or agent of an entity
under subparagraph (i) or (ii) , while acting in the
course and scope of employment.
(3) Paragraph (2) shall not apply if the trier of fact
finds that an officer, employee or agent of an entity under
paragraph (2)(i) or (ii):
(i) acted with intent to harm;
(ii) falsified medical records relating to the cause
of action; or
(iii) is convicted of or enters into a diversionary
program for a crime arising out of the same conduct that
caused the harm.
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(3) (4) Punitive damages, when awarded, shall not be
less than $100,000 unless a lower verdict amount is returned
by the trier of fact.
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Section 2. This act shall take effect in 60 days.
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