74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1665
 
                         House Bill 3503
 
Sponsored by Representative GARRARD
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Limits awards of attorney fees to $100,000 in civil actions
against certain health care providers.
 
                        A BILL FOR AN ACT
Relating to attorney fees.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) An attorney may not charge or collect more
than $100,000 in attorney fees for representation of a plaintiff
in any civil action against a health care provider that alleges
personal injury or death arising out of services rendered by the
health care provider while the provider was acting within the
scope of the license or certificate issued to the provider. This
subsection applies if the health care provider is:
  (a) An emergency medical technician certified by the Department
of Human Services under ORS chapter 682;
  (b) A health care facility as defined in ORS 442.015; and
  (c) Any person who is licensed or certified by:
  (A) The State Board of Examiners for Speech-Language Pathology
and Audiology;
  (B) The State Board of Chiropractic Examiners;
  (C) The State Board of Clinical Social Workers;
  (D) The Oregon Board of Licensed Professional Counselors and
Therapists;
  (E) The Oregon Board of Dentistry;
  (F) The Board of Examiners of Licensed Dietitians;
  (G) The State Board of Massage Therapists;
  (H) The Board of Naturopathic Examiners;
  (I) The Oregon State Board of Nursing;
  (J) The Board of Examiners of Nursing Home Administrators;
  (K) The Oregon Board of Optometry;
  (L) The State Board of Pharmacy;
  (M) The Board of Medical Examiners;
  (N) The Occupational Therapy Licensing Board;
  (O) The Physical Therapist Licensing Board;
  (P) The State Board of Psychologist Examiners;
  (Q) The Board of Radiologic Technology; or
  (R) The Oregon Health Licensing Agency.
  (2) The limit imposed by this section does not limit the
amounts payable to an attorney for actual costs and expenses
incurred by the attorney in connection with the claim, including
costs for expert witness fees, depositions and court costs.
  (3) Any provision in a contingent fee agreement that provides
for a payment of attorney fees in excess of the limit imposed by
this section is void and of no force and effect.
  (4) The limit imposed by this section applies without regard to
whether recovery on a claim is by judgment, settlement,
mediation, arbitration or any other form of alternative dispute
resolution.
  (5) If more than one attorney represents a plaintiff in a claim
described in subsection (1) of this section, the combined fees of
all attorneys representing the client may not exceed the limit
imposed by this section.
  (6) In any action based on a claim described in subsection (1)
of this section, a court may limit the attorney fee payable under
a contingent fee agreement to an amount that is less than the
maximum fee permitted under this section. + }
  SECTION 2.  { + Section 1 of this 2007 Act applies only to
causes of action arising on or after the effective date of this
2007 Act. + }
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