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 2512
 
                   Senate Joint Resolution 22
 
Sponsored by Senator KRUSE
 
 
                             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 limit awards of
noneconomic damages in medical liability actions to $250,000.
  Refers proposed amendment to people for their approval or
rejection at special election held on same date as next primary
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 to and made a part of
Article XV, such section to read:
   { +  SECTION 12. + }  { + (1) A plaintiff may not recover more
than $250,000 in noneconomic damages in a medical liability
action for all claims of the plaintiff arising out of a single
occurrence of negligence.
  (2) For the purposes of this section:
  (a) 'Medical liability action' means a civil action against a
physician, nurse, hospital or other health care facility based on
alleged negligence in providing health care.
  (b) 'Noneconomic damages' means subjective, nonmonetary losses,
including but not limited to pain, mental suffering, emotional
distress, humiliation, injury to reputation, loss of care,
comfort, companionship and society, loss of consortium,
inconvenience and interference with normal and usual activities
apart from gainful employment. + }
 
  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at a special election held throughout this state on the same date
as the next primary election. + }
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