Hospital President Wants Damage Cap RAISED
This is definitely the tort "reform" equivalent of a "dog bites man" story.
Since 1995, OHSU has enjoyed the sunny sanctuary of the Oregon Tort Claims Act, which limits jury awards against the hospital and other public agencies to $200,000 in damages.
That liability limit -- unavailable to every other hospital in the state -- is being reviewed by the Oregon Supreme Court in the Jordaan Michael Clarke case.
At the age of three months, Clarke suffered prolonged oxygen deprivation in an OHSU intensive care unit after heart surgery. His family sued OHSU, which admitted negligence, for more than $17 million.
Last July, the Oregon Court of Appeals ruled the family's suit could proceed, effectively killing the cap. While the hospital appealed that decision to the Supremes, OHSU President Joseph Robertson has joined the chorus of those who believe the tort limit needs to be amended.
"I want to be unequivocal: I think the cap should be raised," Robertson said Wednesday. "We want it to meet the 'Is this reasonable?' test."
I applaud Joseph Robertson for acknowledging that $200,000 is not reasonable. Do you think our good friends at the ILR and the ATR will join Robertson in his quest to raise the cap?
Cross-posted to Corpreform