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CLEAR Temp: 59 °F Wind: NE at 6 mph Monday, May 19, 2003 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine W3 Magazine Jobs @ Mail Tribune Tempo A & E Oregon CarZone Wellness Connection Real Estate Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Contact Us Media Kit Email Story to a Friend July 7, 2002 Officials seek solutions to malpractice problems A bill in Congress and a state panel take aim at the issues By BILL KETTLER Mail Tribune To understand Oregon’s medical-malpractice insurance climate, it helps to know a little history. Main story: Priced out of the baby business In 1987, the Legislature placed a $500,000 cap on non-economic damages (commonly known as "pain and suffering") in most lawsuits. That limit stood until 1999, when the Oregon Supreme Court ruled that juries have absolute power to determine damages. The court quoted the Oregon Constitution, which says, "In all civil cases, the right of Trial by Jury shall remain inviolate." Other states have imposed caps on damages or procedures to review jury awards. Some use mediation, others have an arbitration panel for malpractice cases. The process of changing medical-malpractice rules falls under the broader legal heading of "tort reform." In law, a tort (from Latin, tortum, wrong) is a wrongful act that results in an injury to another person, or his or her property or reputation, and for which the injured party is entitled to compensation. A bill in the U.S. Congress would substantially limit the amount of non-economic damages in medical malpractice cases. HR 4600, the Health Act of 2002, would cap non-economic damages at $250,000. Under the proposal, victims of malpractice still would have the ability to seek any amount of economic damages. The bill also would limit attorneys’ contingency fees in malpractice suits. Attorneys would receive no more than 40 percent of the first $50,000; 33.3 percent of the next $50,000; 25 percent of the next $500,000; and 15 percent of any excess over $600,000. Gov. John Kitzhaber recently convened a state task force to look into solutions for the Oregon’s malpractice insurance problem. The 12-person group includes representatives from hospitals, the insurance industry, the Oregon Trial Lawyers Association, the Oregon Medical Association and two retired judges. Mary Neidig, director of the Department of Consumer and Business Services, will coordinate the task force. State Rep. Dr. Alan Bates, D-Ashland, says the panel could consider solutions such as an arbitration board that would review cases before they went to trial, or recommend changing the state constitution to set some limit on juries’ power to determine awards. Bates said amending the constitution could encounter strong opposition from Oregon trial lawyers, whom he characterized as "one of the most powerful lobbies in Salem." Trial lawyers invested heavily during the 2000 election campaign against Measure 81, which would have given the Legislature authority to set caps on non-economic damages. The campaign included television ads featuring California legal activist Erin Brockovich encouraging voters to let juries decide damage awards. Measure 81 went down to defeat by a 3-to-1 margin. Both candidates in Oregon’s governor’s race have some history with medical malpractice. Democrat Ted Kulongoski voted to throw out the cap on pain and suffering damages as an Oregon Supreme Court justice in 1999. Republican Kevin Mannix was one of the state legislators whose names appeared in the 2000 voters’ pamphlet under the "legislative argument in support" of Measure 81. Reach reporter Bill Kettler at 776-4492, or e-mail [email protected] Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback A D V E R T I S E R S