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August 2023 Newsletter

Oregon Ruling Spurs Concerns of Medical Liability Expansion Oregon physicians face the threat of being wrapped up in product liability lawsuits following an appellate court ruling that expands medical liability far past its original intent of defective drugs and...

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Current Medical Liability Laws

 

Damage Caps None
Joint Liability Reform No. Each defendant is jointly and severally liable.
Collateral Source Reform Yes. The defendant may offer evidence of certain public collateral sources. These sources may not include life insurance or private collateral sources.
Attorney Fees Limited Yes. Fees are limited to 35% of the first $100,000, 25% of the next $100,000, and 10% of any remaining award.
Periodic Payments Permitted Yes. Courts may order periodic payment.