Oregon Unconstitutional Caps Medical Liability

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Oregon: Non-Economic Damages Cap Update & Analysis

https://msmlegal.com/2021/09/non-economic-damages-cap-update-analysis/

ORS 31.710 (1) provides for a cap of $500,000 on noneconomic damages. On its face, the statutory cap applies to personal injury cases and wrongful death cases. Until 2016, case law held that the cap was unconstitutional when applied to common …

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/

The defense presented three viable arguments, each of which fell short of proving that Oregon’s $500,000 cap on noneconomic damages could survive constitutional scrutiny. …

Oregon Medical Malpractice Cases – Caps on …

https://www.miller-wagner.com/articles/medical-malpractice-caps-on-damages/

The current cap on non-economic damages for medical malpractice in the State of Oregon is $500,000, which was set in place in 1987. However, Oregon’s position on damages caps …

Oregon Supreme Court Holds $500,000 Cap On …

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

Oregon Supreme Court Holds $500,000 Cap On Noneconomic Damages Is Unconstitutional In its opinion filed on July 9, 2020, the Supreme Court of the State of …

The Constitutionality of Oregon's Non-Economic Damages Cap

http://www.talawfirm.com/the-constitutionality-of-oregons-non-economic-damages-cap

Oregon’s position on damages caps changed earlier this year when the Supreme Court decided Horton v. Oregon Health & Science University, 359 Or. 168 …

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/

This is a significant change that will benefit insurers and self-insured entities, among many others. The Horton case involved a medical malpractice claim following a botched …

Fact Sheet: Caps On Compensatory …

https://centerjd.org/content/fact-sheet-caps-compensatory-damages-state-law-summary

It is difficult to compare state laws that cap compensation to victims in civil lawsuits. Most “cap” laws focus on non-economic damages, [1] although some state medical malpractice …

Malpractice Damage Caps in All 50 States | 2022 Update

https://www.millerandzois.com/malpractice-damage-caps.html

Oregon: Cap found unconstitutional ($500,000 cap eliminated in Vasquez v. Double Press Mfg, 2017; Busch v. McInnis Waste, 2020) Pennsylvania: Constitutional provision …

The Current State of State Damage Caps

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 damages in a med mal …

Damage Caps By State | CHH Law

https://www.chhlaw.com/resources/damage-caps-by-state/

Ruled unconstitutional by state courts: Montana: Non-economic: $250,000. No cap on economic damages. – Montana Code Annotated section 25-9-411. Nebraska: $2,250,000 …

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