OHSU physicians lose protection from compensating injured patients
The Oregon Court of Appeals ruled on Wednesday, July 5 that OHSU employees, including physicians, may be sued and held liable for the full extent of damages determined by a jury and without a limit arbitrarily determined by a statute. The decision effectively takes away the statutory "cap" on damages which OHSU physicians have enjoyed for years.
Starting in 1967, the Oregon legislature passed a series of laws which have come to be known as the "Oregon Tort Claims Act." These statutes lay out procedures that must be followed when public entities and employees are sued for causing injuries to others. In addition, those statutes provide that the amount of damages which can be awarded to any individual plaintiff are limited to specified amounts. Specifically, an individual plaintiff is limited under this law to $100,000 in non-economic damages (pain and suffering and similar damages) and $100,000 in economic damages (medical expenses, lost wages). The law has been applied to physicians who provide medical care to patients at OSHU and other public entity hospitals as employed physicians. The effect of this "cap" on damages has insulated OHSU physicians from liability for damages above these arbitrary amounts, even when the damages to the injured plaintiff are clearly in excess of the statutory amounts. In short, seriously injured plaintiffs in medical malpractice cases against OHSU and its doctors have been left without an adequate remedy in the courts. Those most harmed by negligence would be left unable to even cover a lifetime of medical expenses.
In Clark vs. OHSU, the Oregon Court of Appeals ruled that the statutory "cap" on damages left seriously injured plaintiffs without a substantial remedy guaranteed Oregon citizens by the Oregon constitution and was, therefore, unconstitutional. The plaintiff is a seriously injured minor child with a permanent brain injury and economic damages in excess of $11 million. OHSU had admitted in court that it was at fault and also admitted it was liable for $200,000, the maximum amount allowed by the statute. The local trial court agreed. It was that decision that was appealed and overturned by the Court of Appeals.
As with any significant Court of Appeals decision which overturns a statute or earlier cases, it is expected that OHSU will seek to have the decision reviewed by the Oregon Supreme Court. The decision to review is discretionary; however, meaning the Supreme Court may or may not hear the case. If it chooses not to, the Clark decision by the Court of Appeals will remain the "law of the land." If the Supreme Court does agree to hear the case, it may or may not agree with the Court of Appeals or it may modify its decision. As of this time; however, the Clark case stands as an important step for plaintiffs injured as a result of negligence on the part of OHSU physicians.
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