The calculation of claimable economic damages in Pennsylvania is generally guided by case law and statutes applied to the specific facts of a case. Depending on the case, different damage remedies may be appropriate.
For medical malpractice disputes, Section 509 of the 2002 Pennsylvania Medical Care Availability and Reduction of Error Act (MCARE) specifies that, as a general rule, a trier-of-fact shall make a determination with separate findings for each claimant specifying the amounts of past damages for: (1) medical and other related expenses in a lump sum; (2) loss of earnings in a lump sum; and (3) non-economic loss in a lump sum. In addition, the trier-of-fact shall have a separate finding for future damages for: (4) medical and other related expenses by year; (5) loss of earnings or earnings capacity in a lump sum; and (6) non-economic loss in a lump sum. Often, an independent expert is asked to calculate and opine on the loss amount for items 2, 4 and 5.
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