Oregon Unconstitutional Caps Medical Liability Clarke December 2007

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Clarke v. OHSU :: 2007 :: Oregon Supreme Court …

https://law.justia.com/cases/oregon/supreme-court/2007/s053868.html

Plaintiff suffered damages (which OHSU, for present purposes, does not dispute) of at least $11 million, primarily for the cost of his past and future medical care. …

Clarke v. Oregon Health Sciences University - CaseBriefs

https://www.casebriefs.com/blog/law/torts/torts-keyed-to-prosser/torts-in-the-age-of-statutes/clarke-v-oregon-health-sciences-university/

The Oregon Tort Claims Act (OTCA) was drafted and revised to eliminate entirely any claim against any officer, employee or agent of a public body for their work-related torts. Upon …

Clarke v. Oregon Health Sciences University - Wikipedia

https://en.wikipedia.org/wiki/Clarke_v._Oregon_Health_Sciences_University

Tort Reform in Oregon: Constitutional, After All? | Bill of Health

https://blog.petrieflom.law.harvard.edu/2016/07/07/tort-reform-in-oregon-constitutional-after-all/

This decision upheld the constitutionality of Oregon’s Tort Claims Act that caps the total amount of compensation recoverable from the state at $3,000,000. The Court …

Oregon Supreme Court Holds $500,000 Cap On …

https://medicalmalpracticelawyers.com/oregon-supreme-court-holds-500000-cap-on-noneconomic-damages-is-unconstitutional/

The Oregon Supreme Court held: “In enacting the damages cap in ORS 31.710 (1), the legislature left defendants’ common-law duty of care intact, but deprived injured plaintiffs …

Oregon Supreme Court Issues Final Determination – …

https://www.smithfreed.com/legal-updates/oregon-supreme-court-issues-final-determination-oregons-500000-noneconomic-damages-cap-is-gone-at-least-for-those-not-gone/

Oregon’s damages cap is dead – at least as to the living. On July 9, 2020, the court put an end to the debate, at least to the extent the cap was available in actions for injuries other …

Oregon Case Update: The Return of the Tort Cap!

https://www.smithfreed.com/legal-updates/or-case-update-the-return-of-the-tort-cap-oregons-supreme-court-reverses-two-prior-decisions-in-new-landmark-case/

However, the net effect is that Oregon’s $500,000 limit on noneconomic damages in personal injury cases is enforceable. This is a significant change that will benefit insurers …

The Current State of State Damage Caps - Expert Institute

https://www.expertinstitute.com/resources/insights/state-state-damage-caps/

Colorado has two types of medical malpractice damages caps: A cap on non-economic damages, and a “total” cap covering both economic and non-economic …

News Concerning Recent Insurance Coverage …

https://www.cozen.com/news-resources/publications/2008/oregon-supreme-court-rules-tort-reform-cap-as-applied-to-public-employees-is-unconstitutional-insurance-coverage-alert!

The Oregon Supreme Court recently held that a plaintiff could pursue liability claims against individual public employees of public entities. The Court further stated that the …

Task force will study medical liability caps - Cunningham Group

https://www.cunninghamgroupins.com/news/task-force-will-study-medical-liability-caps/

Specifically, the court ruled the cap was unconstitutional in the case of Jordaan Michael Clarke, whose claim against Oregon Health & Science University is …

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