The Pennsylvania Association for Justice and the Law Firm of Liever, Hyman & Potter are urging each and every voter to contact your state senator today and explain to them how supporting a cap on punitive damages harms elderly Pennsylvanians. (Your senator’s contact information can be found by clicking this link – State Senator info by using your address or State Senator info by using their name).
The Pennsylvania Senate is meeting today on legislation that eliminates one of the few remaining means of holding nursing homes accountable for reckless and Intentional harm or abuse. Senate Bill 747 (found by clicking this link ) imposes a cap on punitive damages in neglect and abuse cases filed against nursing homes by reducing a punitive damage verdict to 200% of the amount of the actual damages. We are fighting to protest the passage of this offensive legislation.
The Nursing Home Lobby is pushing hard for limits on punitive damages. Senate Bill 747 would be very harmful to senior citizens and their families and would give special preference to those who harm our nursing home residents. Punitive damages are the most effective deterrent to nursing home abuse by punishing those nursing homes that recklessly or intentional harm residents. By law punitive damages cannot be entered against responsible defendants that are only found careless or negligent. Thus the Nursing Homes’ worst offenders would be protected at the expense of victims. Often some of the most severely disabled seniors are recklessly or intentionally harmed. Because the injuries are to someone who may already be severely compromised lawyers may be hesitant to represent them even if death is the result of the abuse or neglect. Allowing a reckless or intentional action to permit punitive damages in an amount as determined appropriate by a jury and not as limited by a statute would best serve our elderly constituents and their families. Please oppose this bill. Thank you.
Act now – Contact your state senator and tell them you oppose a cap on punitive damages in nursing home abuse cases. (Your senator’s contact information can be found by clicking this link – State Senator info by using your address or State Senator info by using their name).
Let’s use “Elder Abuse Awareness Month” to protect our greatest generation. Please contact your local senator and tell them to oppose this offensive attack on elderly Pennsylvanians.
JOHN R. BADAL, President of the law firm of Liever, Hyman & Potter.