Pennsylvania Medical Malpractice Damages Cap

Non-economic cap, economic damages, and present-value modeling for Pennsylvania med-mal cases.

Pennsylvania — Non-Economic Cap

No cap

No compensatory cap. Punitive capped at 200% of compensatory under MCARE Act; 25% of punitive award goes to the MCARE Fund; punitive cap waived for intentional conduct.

The rule at a glance

Non-economic cap: No compensatory cap. Punitive capped at 200% of compensatory under MCARE Act; 25% of punitive award goes to the MCARE Fund; punitive cap waived for intentional conduct.
Economic damages: Past + future medicals, past + future wage loss, household services. Not capped.
Present value of future damages: Reduce future streams to present value using 3% net discount rate; adjust for life expectancy.
Collateral source rule: Pennsylvania — follow state collateral-source doctrine; verify whether insurance payments are admissible.
Statutory reference: 40 Pa.C.S. §1303.505 (MCARE Act)

Common pitfalls in Pennsylvania

Pleading aggregate damages without explicit non-economic line-item — caps apply per-defendant and per-occurrence, not in bulk.
Forgetting that economic damages (meds, wages, life care) are generally uncapped and should carry the weight of the demand.
Using gross future-medical totals without reducing to present value — opposing economists will deduct it and the jury may see the gap.
Failing to preserve the constitutional challenge if the cap applies — preservation matters if the state supreme court revisits.

Frequently asked questions

What is Pennsylvania's medical malpractice damages cap?

No compensatory cap. Punitive capped at 200% of compensatory under MCARE Act; 25% of punitive award goes to the MCARE Fund; punitive cap waived for intentional conduct.

Does Pennsylvania's cap apply to economic damages?

No. Pennsylvania's cap targets non-economic damages only. Past and future medical expenses, wage loss, life-care plan costs, and household services remain uncapped and should anchor the demand.

How do I calculate present value of future damages in Pennsylvania?

Reduce future medical + wage streams using a net discount rate (typically 2-4%). Most plaintiff economists use the uniform-annuity PV formula with state-specific life-expectancy tables. The calculator below applies this automatically.

Is Pennsylvania's damages cap constitutional?

Pennsylvania's cap is currently enforced, though plaintiff counsel should always preserve constitutional challenges (equal-protection, right-to-jury, separation-of-powers) for appellate review.

Calculate Pennsylvania damages value

Enter past med, past wages, future med, future wages, and a non-econ multiplier. Get present-value totals with cap applied.

Calculate damages →

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Related Pennsylvania resources

Pennsylvania SOL → · Pennsylvania Liens → · All 50 states →