Oregon Considers Medical Malpractice Cap

Oregon legislators are consdiering capping noneconomic damages in medical malpractice claims against health care providers at $500,000. House Bill 3228, introduced by Rep. Jim Thompson, R-Dallas, stipulates that the cap would be automatically adjusted in subsequent years based on the consumer price index.

“Despite the passage of health care laws at the state and federal levels, overall costs and insurance premiums continue to rise for small businesses, individuals and families,” Rep. Thompson said, although he noted that but said effective medical liability reform isn’t limited to capping noneconomic damages. “If the Governor and Legislature are truly interested in cost containment, we must address the costs of malpractice insurance, defensive medicine and excessive litigation in our health care system.”

Rep. Thompson also has proposed HB 3519, which he said would help to lower costs by establishing legal medical panels to review claims against health care providers before they proceed to trial. Thompson said House Republicans will consider and support multiple solutions for medical liability reform as a way to make health care more affordable. According to the Oregon Medical Liability Task Force, malpractice insurance administration and defense litigation cost $33.6 million in 2008.

“We can’t have a discussion about health care reform or cost containment without addressing an issue that threatens the ability of providers to practice in Oregon,” he said.