Proposal sets cap on some damages for nursing home lawsuits
(Harrisburg) — Patients and their families would face a cap on some monetary damages in cases of nursing home neglect under legislation proposed in the state Senate, and some see the effort as a strike against accountability.
Juries in civil lawsuits can award money in two different categories: compensatory and punitive.
Compensatory is meant to pay to fix the mistake.
Punitive is meant to punish companies for poor treatment.
Republican state Senator Joe Scarnati wants to keep punitive damages at no more than twice the amount of compensatory damages.
He says doctors have to play by the same rules.
“My amendment does exactly what we have for punitive damages against physicians. And you know what, when we passed this the world didn’t come to an end!”
Scarnati says with a cap on punitive damages, nursing homes would face lower insurance costs and could invest more in care.
“Instead of spending money on huge insurance policies they have to keep to protect from bankruptcy, they could be putting that into care to residents. They could have extra nursing on-call and on the floors,” he adds.
But two groups representing lawyers say Scarnati has no evidence that will happen.
They say any money saved will mean greater profit for nursing home companies.
A state Senate committee is considering the legislation.
