House approves nursing home lawsuit bill

HARRISBURG - Nursing homes would get some protection from medical liability lawsuits seeking punitive damages under legislation narrowly approved this week by House lawmakers. The measure, approved 103-89, that now goes to a Senate would extent a amount of punitive damages awarded in most medical veteran liability cases against long-term care nursing facilities, personal care homes as well as assisted living communities. The extent wouldn't apply in cases alleging intentional misconduct or unlawful acts by a nursing home. The check would extent punitive damages to no more than 200 percent of a compensatory damages awarded. House Republican leaders support a legislation as a approach to contain health care costs for consumers, though most Democratic lawmakers, including those representing districts in Northeast Pennsylvania, voted against it. Pennsylvania can take improved steps to help protect nursing homes than putting a cap upon punitive damages, which are for gross or conspicuously bad actions, pronounced Rep. Eddie Day Pashinski, D-121, Wilkes-Barre, who sits upon a House Aging as well as Older Adult Services Committee. "I don't think there should be a cap upon gross acts," pronounced Mr. Pashinski, who voted against a bill. Mr. Pashinski pronounced essay a clearer definition of a term "unlawful act" can protect nursing homes from lawsuits by what he described as predatory out-of-state law firms filing suits for various infractions. "The homes would have a more defined area as well as as a result, it would concede them to function without fear of litigation," Mr. Pashinski said. The check takes a reasonable step to end deep-pocket frivolous lawsuits, pronounced House Majority Leader Mike Turzai, R-28, Pittsburgh. "It's unfortunate, though there are some people who demeanour for deep pockets as a approach to make themselves wealthy, he said. The check doesn't restrict a full recovery of a amount of compensatory awards to a plaintiff, though it will eliminate "jackpot" sort awards, pronounced Rep. Glen Grell, R-87, Mechanicsburg, a check sponsor. The check will give nursing homes a same legal protection with punitive damages that physicians have, pronounced Dr. Stuart Shapiro, president of a Pennsylvania Health Care Association. Contact a writer: rswift@timesshamrock.com Powered By iWebRSS.co.cc

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