Are there any limitations on damages that can be recovered in a professional negligence claim?
In Pennsylvania, there are limitations on damages that can be recovered in a professional negligence claim. The Pennsylvania Supreme Court has held that a plaintiff can only seek "actual or compensatory damages" for a professional negligence claim. This means that a plaintiff cannot recover punitive damages in a professional negligence claim. Actual or compensatory damages are limited to the economic losses suffered by the plaintiff due to the negligence of the professional. These damages include, but are not limited to, medical expenses, lost wages, and pain and suffering. In Pennsylvania, the statute of limitations for professional negligence claims is two years from when the cause of action accrues. This means that the plaintiff must file a claim within two years of when the negligence occurred. In Pennsylvania, there are also caps placed on non-economic damages for medical malpractice claims. The cap on non-economic damages is $500,000 for claims filed before July 20, 2019, and the cap is $1,000,000 for claims filed on or after July 20, 2019. In addition, if a plaintiff is awarded punitive damages against a physician in a medical malpractice claim, the total amount of non-economic damages, including punitive damages, cannot exceed $1,000,000. These are the main limitations on damages that can be recovered in a professional negligence claim in Pennsylvania. It is important to consult with an attorney to discuss the specific facts of your case before seeking legal action.
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