1627 Promulgation of Rule 1042.71 governing findings as to damages in a medical professional liability action; no. 416 civil procedural rules; doc. no. 5

PART I. GENERAL

[231 PA. CODE CH. 1000]

Promulgation of Rule 1042.71 Governing Findings as to Damages in a Medical Professional Liability Action; No. 416 Civil Procedural Rules; Doc. No. 5

[34 Pa.B. 4880]

Order

Per Curiam:

   And Now, this 20th day of August, 2004, new Pennsylvania Rule of Civil Procedure 1042.71 is promulgated to read as follows.

   Whereas prior distribution and publication of this amendment would otherwise be required, it has been determined that immediate promulgation is required in the interest of justice and efficient administration.

   This order shall be processed in accordance with Pa.R.J.A. 103(b). New Rule 1042.71 shall be effective October 1, 2004.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1000. ACTIONS

Subchapter B.  ACTION IN TRESPASS

PRE-TRIAL CONFERENCE

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.

   Official 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.

   Official 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.

[Pa.B. Doc. No. 04-1627. Filed for public inspection September 3, 2004, 9:00 a.m.]