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
Source:
Pennsylvania Proposal Seeks Cap On Punitive Damages In Nursing Home Claims
Based on the exception, the law can work, because such acts are either negligent or deliberate.
ReplyDeleteA cap on punitive damages in nursing home claims? Now, who's THAT going to benefit?
ReplyDeleteThank you. I hope the citizens in PA read and react.
ReplyDeleteI agree, the bill should not see the light of day. Thank you for bringing it to the public's attention!
ReplyDeleteOmg, elder abuse is already a hidden epidemic , I'm a baby boomer it I witnessed how the snf tried to silence then retaliate against me for standing up for my mom getting bed spres after only 3 days of care at good
ReplyDeleteSamaritan for a broken hip rehab. They did every thing in their power to shut her up and then shut me up... It was horrendous. God, please lete die instantly instead of get old and have to find out how hard hearted everyone is and how they really dont give a damn ...just want your stuff!