October 22, 2026 by matray

Pennsylvania lawmakers have introduced legislation that would prohibit prejudgment interest, postjudgment interest and delay damages from accruing on periodic payments of future damages in medical malpractice cases before those payments become due.

House Bill 2842 would amend Section 509(b)(4) of Pennsylvania’s Medical Care Availability and Reduction of Error (Mcare) Act, which governs the payment of damages in medical professional liability cases.

Under existing law, interest does not accrue on periodic payments of future damages before the payments become due. The proposed amendment would expand the language to explicitly prohibit prejudgment interest, postjudgment interest and delay damages from accruing before a scheduled payment is due.

The legislation would retain the existing requirement that interest accrue at the legal rate beginning on the due date if a periodic payment is not made on time.

The proposed change could have financial implications for medical professional liability insurers and healthcare defendants by clarifying which additional damages may be assessed against future payments made periodically rather than in a lump sum.

Prejudgment interest generally compensates plaintiffs for the period before a judgment is entered, while postjudgment interest accrues after judgment. Delay damages are intended to compensate plaintiffs for delays in receiving compensation.

By expressly addressing all three categories, the legislation would clarify the treatment of interest and delay damages on scheduled future payments. The bill would not change the underlying damages awarded or eliminate interest on payments that become overdue.

HB 2842 was introduced Oct. 6 by Republican state Rep. Eric Nelson and three co-sponsors, Reps. David Rowe, Brian Verobish and Jamie Wallen. The measure was referred to the House Judiciary Committee on Oct. 7.

If enacted, the legislation would take effect in 60 days.