The Pennsylvania House of Representatives recently voted against a bill
that would have put a cap on the punitive damages that could be awarded
to victims in verdicts against nursing homes in the state.
This bill sought to apply the Medical Care Availability and Reduction of
Error (MCARE) Act to assisted living facilities and nursing homes, which
would have capped these damages to 250 percent of the compensatory damages awarded.
“This bill demonstrates that the Pennsylvania legislature, which
remains majority-controlled by Republicans, works very hard to balance
the interests of its individual constituents and the business interests
here in Pennsylvania,” attorney Robert L. Sachs, Jr. said in an
interview with the Pennsylvania Record. “And I think that this outcome
is a very good example of them striving to strike a balance. From our
perspective, we think they have found an appropriate balance at this time.”
With the recent attention on nursing homes resulting from the death of
H.R. McMaster, Sr., who died in the Cathedral Village nursing facility
in Philadelphia, Sachs noted that this bill was brought to the House at
an inopportune time.
According to Pennsylvania Attorney General Josh Shapiro, a nurse at the
facility is accused of failing to provide adequate care to McMaster, Sr.
and falsifying medical records, in addition to other charges.
“That received a great deal of press, and the care that our most
vulnerable citizens, [those] being senior citizens, receive is the focus
of a great deal of inquiry right now and appropriately so. Because of
some very high-profile events that have sadly taken the lives of seniors
across Pennsylvania, I don’t think those advancing this legislation
picked the best time to pursue it,” Sachs said.
The bill barely passed the House Judiciary Committee in September of 2017
with a 14-13 vote, and failed to pass the House with a 103-91 vote against.
At Shrager & Sachs, our Philadelphia nursing home abuse attorneys are
committed to providing our clients with the dedicated and experienced
legal representation they require in their time of need. Over the past
40 years, we have successfully secured hundreds of millions of dollars
in verdicts and settlements for our clients, and we put the knowledge
we’ve gained across the countless cases we’ve handled to use
putting your case together in order to secure you the maximum compensation
possible. Call our firm today to discuss your legal options with a member
of our firm, or
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