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

   1. (i) medical and other related expenses in a lump sum;
   2. (ii) loss of earnings in a lump sum; and

   3. (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. (2) future damages for:

   1. (i) medical and other related expenses by year;
   2. (ii) loss of earnings or earning capacity in a lump sum; and

   3. (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.

Source

The provisions of this Rule 1042.71 adopted August 20, 2004, effective October 1, 2004, 34 Pa.B. 4880.