OHSU statement regarding Supreme Court tort cap decision
05/05/16 Portland, Ore.
OHSU respects the Oregon Supreme Court’s decision and appreciates the effort the Oregon Legislature made in 2009 to update the Oregon Tort Claims Act.
A tort cap is critical to ensuring that public entities like OHSU, police and fire districts continue to provide the essential, advanced and high-risk services the public needs.
At OHSU, we do our collective best to heal and to advance health. We deeply regret the surgical error that occurred and what this has meant for the Horton family. OHSU fully disclosed the surgical error to the family at the time it occurred and did not charge the family for any costs, waiving all OHSU bills. OHSU also provided the family with $3 million allowable under the tort cap.
This decision recognizes that Oregon’s tort cap balances the need to provide the essential, advanced and high-risk services the public needs with the need to compassionately supply reasonable financial compensation in those rare instances when someone is harmed.