Health Justice Transformation - Oregon

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

None. Constitutional prohibition limiting non-economic damages.

Joint Liability for Multiple Defendants

Yes. Defendants are responsible only for their proportional share of negligence but within one year after the final judgment the court determines that all or part of a defendant's share is uncollectible, the court shall reallocate the uncollectible non-economic damages among the other defendants according to their percentages of negligence.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes, but non deduction can be made for life insurance, benefits for which the plaintiff paid, retirement/disability, social security, or insurance benefits for which the injured or deceased paid premiums.

Provisions for the Periodic Payment of Damages Over Time Fees

No

Limitation of Plaintiff’s Attorneys Fees

Partially. Attorney fees recovered from an award of punitive damages are limited to 20% of the 40% paid to the prevailing party. No limit on attorneys fees for economic or non-economic damages.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

No provision

Standards for Expert Testimony/Witness

Expert testimony is required to establish a prima facia case, unless the negligence is obvious to the lay person.