§ Rule 1042.71 Medical Professional Liability Actions. Damages. Findings

Codes > Pennsylvania Rules of Civil Procedure > Actions > Civil Action : Pre-Trial Procedures > Findings as : Rule 1042.71

Rule 1042.71. Medical Professional Liability Actions. Damages. Findings

    At the request of any party to a medical professional liability action, the trier of fact shall make a determination, with separate findings for each plaintiff, specifying the amount of all of the following:

    (1) except as provided under Section 508 of the MCARE Act, past damages for:

        (i) medical and other related expenses in a lump sum;

        (ii) loss of earnings in a lump sum; and

        (iii) noneconomic loss in a lump sum.

    Note: Section 508 of Act No. 13 of 2002, the MCARE Act, 40 P.S. § 1303.508, governs collateral sources.

    (2) future damages for:

        (i) medical and other related expenses by year;

        (ii) loss of earnings or earning capacity in a lump sum; and

        (iii) noneconomic loss in a lump sum.

    Note: Section 509(a) of the MCARE Act, 40 P.S. § 1303.509(a), provides for the separate findings set forth in this rule.

    This rule applies to all medical professional liability actions, whether tried before a jury or a court without a jury.

    The term “plaintiff” as used in Rule 1042.71 is synonymous with the term “claimant” as used in Section 509(a) of the MCARE Act, 13 P.S. § 1303.509(a), and as defined in Section 103 of the Act, 40 P.S. § 1303.103.