Oregon Medical Liability Bill Raises, Indexes Limits

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April 9, 2009 Thursday 02:59 PM EST

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Oregon Medical Liability Bill Raises, Indexes Limits

Sean P Carr

SALEM, Ore.

Oregon legislators approved a bill to increase recoverable amounts in medical professional liability insurance malpractice litigation against public employees.

Under S.B. 311, the state would implement higher limits for tort actions brought against the state and other public entities for allegations of medical wrongdoing or negligence. Future increases would be tied to the Consumer Price index.

The bill would also establish a task force to review the Oregon tort Claims Act and report findings to the legislature. It also provides for direct review by the state Supreme Court to determine whether application of the new limits is constitutional.

The bill easily cleared the state legislature and has been sent to Oregon Gov. Ted Kulongoski.

In 2007, the top five writers of medical malpractice liability insurance in Oregon, according to A.M. Best Co. state/line product information based on direct premiums written, were: CNA Insurance Cos., with 33.4%; Doctors Company Insurance Group, 30.6%; American International Group, 11.9%; Berkshire Hathaway Insurance Group, 3.7%; and Zurich Financial Services NA Group, 3.0%.

(By Sean P. Carr, senior associate editor, BestWeek: Sean.Carr@ambest.com)

April 10, 2009