Proposes amendment to Oregon Constitution to impose limitation on damages in claims against health care providers based on provision of medical care or failure to provide medical care.


 
 
 
     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2752
 
                   Senate Joint Resolution 33
 
Sponsored by Senators MORSE, KRUSE, MONNES ANDERSON, JOHNSON,
  BATES; Senators BOQUIST, FERRIOLI, GEORGE, GIROD, OLSEN, STARR,
  TELFER, VERGER, WHITSETT, WINTERS, Representative OLSON
 
 
                             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 damages in claims against health care providers based on
provision of medical care or failure to provide medical care.
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 to and made a
part of Article XV, such section to read:
   { +  SECTION 12. + }  { + (1) In any action against a health
care provider based on the provision of medical care or the
failure to provide medical care, the liability for a single claim
arising out of a single act or omission may not exceed the
limitation imposed under subsections (3) and (5) of this section,
regardless of the number of health care providers against whom
the claim is asserted.
  (2) In any action against a health care provider based on the
provision of medical care or the failure to provide medical care,
the liability for all claims arising out of a single act or
omission may not exceed the limitation imposed under subsections
(4) and (5) of this section, regardless of the number of health
care providers against whom the claims are asserted.
  (3)(a) The limitation on damages imposed under subsection (1)
of this section for claims arising in calendar years 2013 and
2014 is $2 million.
  (b) The limitation on damages imposed under subsection (1) of
this section for claims arising in calendar years after 2014 is
the adjusted limitation determined under subsection (5) of this
section.
  (4)(a) The limitation on damages imposed under subsection (2)
of this section for claims arising in calendar years 2013 and
2014 is $4 million.
  (b) The limitation on damages imposed under subsection (2) of
this section for claims arising in calendar years after 2014 is
the adjusted limitation determined under subsection (5) of this
section.
  (5) Not later than February 1 of each calendar year after 2014,
the limitations established under paragraph (a) of subsection (3)
and paragraph (a) of subsection (4) of this section shall be
adjusted to reflect changes in the cost of living. The
Legislative Assembly may by law determine the method for
adjusting the limitations. The adjusted limitations apply to all
claims arising in the calendar year in which the adjustment is
made.
  (6) The limitation on damages 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.
  (7) The limitation on damages imposed by this section applies
only to a health care provider acting within the scope of the
health care provider's license.
  (8) The limitation on damages imposed by this section does not
apply to claims based on intentional injury.
  (9) 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 physicians, physician
assistants, nurses, dentists, hospitals, health care clinics,
ambulatory surgery centers, optometrists, naturopathic physicians
and chiropractors. + }
 
  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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