There has been a significant amount of debate surrounding recent efforts to reform health care in Oregon. Legislators are divided on the issue of caps for medical malpractice lawsuits. Senate Bill 1580 would limit Oregon malpractice cases and other types of lawsuits to roughly $570,000 for clinics, hospitals, doctors and other healthcare providers.

Those in favor of malpractice caps are threatening to block the health care reform bill's passage unless the limits are included. Proponents of caps argue they are necessary to reform. However, critics point to studies that indicate such limits don't produce touted savings, and stress the need for doctor accountability and the importance of the larger issue of patient safety.

The facts show that Oregon physicians and their insurers generally aren't paying out large amounts in malpractice suits. Malpractice insurance rates in Oregon have actually remained steady or declined since 2004, according to Oregon's top insurer, The Doctors Company. Moreover, the number of claims paid per doctor has also dropped to approximately the lowest point in over 10 years. The amount paid out for claims has remained steady.

According to the Kaiser Family Foundation, in 2010 insurers and physicians in Oregon paid out 97 claims. The average payout was approximately $420,000, already significantly less than the cap legislators wish to impose.

Beyond what seems to be little savings provided by malpractice caps, there are also legal concerns. Oregon's constitution prohibits limiting damages in lawsuits unless a public entity is the defendant. Thus, there are serious questions whether such a measure would be constitutional.

Source: OregonLive.com, Oregon's long-running malpractice debate flares up in Salem as key health reform bill nears vote, Nick Budnick, 14 February 2012