Oregon Medical Malpractice Damage Cap
Track statutory limits on noneconomic damages and calculate your potential recoverable amount.
Legal Nuances & Exceptions
Applicability
All Medical Malpractice Cases
Statutory Reference
Or. Rev. Stat. § 31.710 (Ruled unconstitutional for most cases)
Exceptions to Cap
- Wrongful death ($500,000 cap)
In 2020 (Busch v. McInnis Waste Systems), the Oregon Supreme Court struck down the $500,000 cap on noneconomic damages for most personal injury cases. However, the cap still applies strictly to wrongful death claims.
Frequently Asked Questions
Is there a noneconomic damage cap in Oregon?
For standard medical malpractice injury cases, the cap was struck down as unconstitutional, so no cap applies.
Does Oregon cap wrongful death damages?
Yes. The $500,000 cap on noneconomic damages still applies to wrongful death cases, as the Supreme Court ruled wrongful death is a statutorily created claim.
Are economic damages capped in Oregon?
No, economic damages are fully recoverable.
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