The fight continues on medical malpractice caps in Oregon.
A recent Jury Verdict Research study found that the average motor vehicle accident case jury verdict in Oregon is $36,721. Car and other motor vehicle accident plaintiffs received money damages in 75% of these Oregon personal injury accident cases, a much higher percentage than the national average.
If you have been injured in a car accident in Portland, Eugene, Salem, Gresham, Beverton, Hilsboro, Medford, Springfield, Bend, or Corvallis and need a car accident lawyer, call 1-800-553-8082.
Oregon Health and Science University is looking to move past claims of medical malpractice that have been brought against the hospital, settling 6 malpractice case on Friday for $38.6. Oregon Health and Science University has insurance through Washington Casualty, which will cover $21.35 million of the settlement costs of these six medical malpractice lawsuits.
Not everyone is happy. Scott Gallant, of the Oregon Medical Association, says that now that these lawsuits have been resolved, it means that “schools, special districts and others, are going to pay substantially higher premiums to try to cover essentially unlimited liability where there’s an unfortunate injury that might occur in their official duties.”
Gee, Scott, what is the alternative? One of the cases involved a $9.3 million settlement to a boy who suffered prolonged oxygen deprivation causing permanent and profound brain damage because of a medical malpractice at OHSU. How much do you think that boy should have received?
Moreover, he presents a false choice. A modern society can pay for its schools and take care of the children that are harmed by the negligence of doctors and hosptials.
In what can only be described as an awful decision, the Oregon Supreme Court yesterday rejected a claim challenging a five-year statute of limitations for medical malpractice lawsuits involving minors. In the challenge, Oregon medical malpractice lawyers contended that Oregon’s constitution – not to mention common sense – prohibited the application of the five year statute of limitations in medical malpractice case.
Actually, I should not say the Oregon Supreme Court decision is awful because I have absolutely no idea whether the medical malpractice statute of limitations is constitutional. But I know that the law is awful. Hopefully the Oregon legislature will look hard at the question of whether you should be able to lose your rights while you are a minor, particuarly in birth injury cases.
The TortsProf Blog reports that state legislatures in Colorado and Oregon are considering increases to their caps on noneconomic damages. Colorado is currently debating a bill that would raise the cap on noneconomic damages in medical malpractice cases from a measly $300,000 to a less measly, but still ridiculously low, $450,000. The bill was voted out of committee on Monday and will now be sent to the Senate floor for debate. The details are here.
Oregon is wrestling with a last year’s Oregon Supreme Court ruling that caps on damages payable by the state was unconstitutional as applied. The task force has been set up in Oregon to study the issue of raising the cap on noneconomic damages.
In the history of caps on noneconomic damages, the door has swung only one way – toward adding caps or decreasing the amount of the cap. Hopefully, this news for the clients of personal injury lawyers, that the door will begin to swing in the other direction.