The Basics
- 2 companies comprise over 63% of the market
- Number of licensed physicians in 2012: 12,361
- 36% of Oregon physicians are primary care
The Oregon Medical Malpractice Insurance market has remained very stable and recently has shown premium decreases for physicians that practice in Oregon. Insurance rates are very competitive and there are plenty of options for physicians to consider. Compared to many other states, malpractice claims in Oregon are low in severity and frequency. A new law enacted in July 2014 is expected to help reduce the number of claims even further.
Tort Reform
- No current noneconomic damage cap (previous cap of $500k declared unconstitutional in 1999)
- In cases of wrongful death caused by medical negligence there is a $500,000 damage cap
Oregon Senate Bill 483, passed in 2013, was implemented on July 1, 2014. This bill allows for Early Discussion and Resolution (EDR) in medical malpractice cases. EDR provides an alternative to suing a physician for medical negligence and gives both patients and their physicians a chance to have honest and open discussion about an adverse outcome. The bill had the support of the Oregon Medical Association as well as the Oregon Trial Lawyers Association. Learn more about SB 483 on our blog.
Statute of Limitations
In Oregon patients have 2 years from the time of an incident to file a medical malpractice lawsuit. As in other states there are exceptions to this limit such as in the case of minors. In some cases the 2 years may begin at the date of discovery of a problem caused by negligence.