Measure 35

Proposed by initiative petition to be voted on at the General Election, November 2, 2004.

Ballot Title

AMENDS CONSTITUTION: LIMITS NONECONOMIC DAMAGES (DEFINED) RECOVERABLE FOR PATIENT INJURIES CAUSED BY HEALTHCARE PROVIDER’S NEGLIGENCE OR RECKLESSNESS

RESULT OF “YES” VOTE: “Yes” vote limits recovery of noneconomic damages (defined) for negligent or reckless injury to patient by healthcare provider to $500,000 (adjusted annually for inflation).

RESULT OF “NO” VOTE: “No” vote retains current law, which places no limit on jury award of noneconomic damages (defined) for injury caused by negligence, recklessness of healthcare provider.

SUMMARY: Amends constitution. Under current law, there is generally no limit on jury’s award of noneconomic damages to patient, patient’s legal representative, or patient’s spouse for injury caused by healthcare provider. Measure limits recovery of noneconomic damages for negligent or reckless injury caused by an Oregon licensed healthcare provider or healthcare entity to $500,000. Defines noneconomic damages to include pain; mental suffering; emotional distress; loss of society, companionship, services; loss of sexual relations; inconvenience; interference with normal and usual activities apart from employment. Specifies formula to adjust for inflation annually. Limitation applies regardless of extent of injuries, number of people entitled to damages, or number of defendants sued. Does not apply to wrongful death claims. Applies to suits filed after January 1, 2005. Other provisions.

ESTIMATE OF FINANCIAL IMPACT: There is no financial effect on state or local government expenditures or revenues.