75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1352
 
                    House Joint Resolution 46
 
Sponsored by Representative OLSON; Representatives BENTZ, BERGER,
  BRUUN, CAMERON, ESQUIVEL, FREEMAN, GILMAN, HANNA, KRIEGER,
  MAURER, RICHARDSON, G SMITH, SPRENGER, THATCHER, WEIDNER,
  WINGARD, Senators BATES, KRUSE, MORRISETTE, MORSE
 
 
                             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.
 
  Proposes amendment to Oregon Constitution to impose limitation
on noneconomic damages in claims against health care providers
based on provision of medical care or failure to provide medical
care. Provides that limit is $1 million for claims arising in
calendar year 2011. Provides for adjustment based on cost of
living in subsequent calendar years.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.
 
                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
   { +  PARAGRAPH 1. + } The Constitution of the State of Oregon
is amended by creating a new section 12 to be added and made a
part of Article XV, such section to read:
   { +  SECTION 12. + }  { + (1) In any personal injury action
against a health care provider based on the provision of medical
care or the failure to provide medical care, a plaintiff may not
recover noneconomic damages in an amount that exceeds the
limitation imposed under subsection (2) of this section for all
claims arising from personal injury to any one patient regardless
of the number of health care providers against whom the claim is
asserted, or the number of separate claims brought with respect
to the injury. The limitation imposed by this section applies to
actions brought by injured patients, actions brought by the legal
representatives of patients and actions brought by persons
claiming loss of consortium or loss of care, comfort,
companionship or society.
  (2) The limitation on noneconomic damages imposed under this
section for claims arising in calendar year 2011 is $1 million.
Not later than February 1 of each calendar year after 2011 the
State Court Administrator shall adjust the limitation based on
the immediately preceding December monthly Portland-Salem, OR-WA,
Consumer Price Index for All Urban Consumers Not Seasonally
Adjusted as published by the Bureau of Labor Statistics of the
United States Department of Labor. The adjusted limitation
applies to all claims arising in the calendar year in which the
adjustment is made.
  (3) The limitation imposed by this section applies to all
subjective nonmonetary losses suffered by the plaintiff,
including but not limited to pain, mental suffering, emotional
distress, loss of care, comfort, companionship and society, loss
of consortium, inconvenience and interference with normal and
usual activities apart from gainful employment.
  (4) The limitation on noneconomic damages imposed by this
section applies only to a health care provider acting within the
scope of the health care provider's license.
  (5) The limitation on noneconomic damages imposed by this
section does not apply to claims based on intentional injury.
  (6) For the purposes of this section, 'health care provider'
means a person licensed, certified or otherwise authorized or
permitted by the laws of this state to administer health care
services in the ordinary course of business or practice of a
profession, including but not limited to hospitals, health care
clinics, physicians, psychologists and nurses. + }
 
  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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