Task force will study medical liability caps

by Janie Har

Legislature – Oregon’s low limits will not be fixed in the current special session — Lawmakers will not deal with Oregon’s low liability limits this session and instead moved Wednesday to create a task force to recommend ways to try to fix the problem in time for the 2009 session. Senate Judiciary Chairman Floyd Prozanski, D-Eugene, and Rep. Suzanne Bonamici, D-Beaverton, will head the group. Other members will be announced next month.

The task force is in response to an Oregon Supreme Court ruling in December, which effectively threw out the $200,000 limit that state agencies, local governments and special districts can pay to compensate an injured person. Specifically, the court ruled the cap was unconstitutional in the case of Jordaan Michael Clarke, whose claim against Oregon Health & Science University is estimated at $17 million.

In a concurrent ruling, Justice Thomas Balmer wrote that lawmakers should have raised the caps on medical malpractice damages long ago and suggested that they do so immediately.

But legislators say the Supreme Court also made it clear that raising the caps won’t be enough and that they need a more comprehensive approach.

The task force is set to study provisions in other states, rates of inflation, economic versus non-economic damages, and the possibility of separating medical malpractice cases from other negligence claims.

Prozanski said he expects conversations with lawmakers, actuaries, government officials and trial lawyers to be frank and useful.

“I don’t think anyone should be coming in with a preconceived notion of what we’re going to do,” he said.
see original 

You may also like

Legislative panel approves medical malpractice bill
Read more
Urgent-care centers: Illinois numbers grow as time-pressed families seek low-cost option to ERs
Read more
Global Center for Medical Innovation launches
Read more

Recent Posts

Connecticut Supreme Court Narrows Scope of Physicians’ Immunity from Civil Liability During COVID

Rate of ‘Serious Discipline’ of Physicians by State Medical Boards Drops from Previous Benchmark

New York Lawmakers Again Vote to Update Wrongful Death Statute in Way Doctors Say Would Increase Damages, Harm Safety Net Care

Popular Posts

PIAA 2017: Current Trends & Future Concerns

Arizona Court Decisions Affirm Two Medical Professional Liability Reform Laws

2022 Medical Malpractice Insurance Rates: What the data tells us

Start Your Custom Quote Process™

Request a free quote