Rule 1042.71.Medical Professional Liability Actions. Damages. Findings.

Adopted August 20, 2004 · Not amended since adoption · Last verified June 30, 2026

In one sentenceRule 1042.71 requires the trier of fact, at any party's request, to itemize a medical-malpractice award by category and by plaintiff, including past and future damages as the MCARE Act directs.

Full Text of Rule 1042.71

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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.

(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.

End

Plain-English Summary

When a medical malpractice case ends in an award, this rule lets any party demand an itemized verdict. The judge or jury must break the damages down by category and state a separate figure for each plaintiff.

Itemizing the award matters because Pennsylvania's MCARE Act treats categories of damages differently, for example in how future damages are paid. Separate findings let the court apply those provisions and let the parties see exactly how the total was built.

Frequently Asked Questions

Does the jury have to itemize the award?

Yes, if any party requests it. The trier of fact must give separate findings for each plaintiff specifying each category of damages.

Why are damages itemized in malpractice cases?

The MCARE Act treats categories such as past and future damages differently, so the breakdown lets the court apply those provisions.

Official Note

Official Note: Section 508 of Act No. 13 of 2002, the MCARE Act, 40 P. S. § 1303.508, governs collateral sources.

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.

Amendment History

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

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. · Official text

Also known as: itemized verdict medical malpracticeMCARE damages findingsseparate findings damages