Losing a loved one because of a medical mistake can leave you with grief, questions and financial stress. As you look into your legal options, you may wonder if Oregon limits the compensation your family could receive. The answer depends on the type of losses involved and, in some cases, where the medical mistake happened.
What damages does Oregon limit in a wrongful death claim?
Oregon law does not limit economic damages in a wrongful death medical malpractice claim. However, the law generally limits noneconomic damages to $500,000.
It may help to understand the difference because each type of damage covers a different kind of loss:
- Economic damages have no cap. These may include medical bills before your loved one died, funeral and burial costs and the income or financial support your loved one likely would have provided.
- Noneconomic damages generally have a $500,000 cap. These may include emotional pain, loss of companionship and the personal impact of losing your loved one.
Knowing the difference between these damages may help you better understand how Oregon law could affect your family’s wrongful death claim.
How could a nurse attorney help document economic damages?
Economic damages often depend on clear medical records and financial information. A nurse attorney may review your loved one’s medical records with both medical and legal knowledge. That review could help identify the full cost of care before death, examine each treatment and estimate the future financial support your family may have lost.
Could the $500,000 cap have exceptions?
Although Oregon law sets a $500,000 cap on noneconomic damages, courts have continued to review whether that limit follows the Oregon Constitution. In some cases, courts have allowed families to recover more than the statutory cap.
If the medical mistake happened at a public health care provider, such as Oregon Health & Science University (OHSU), different rules may apply. Claims against public agencies may fall under the Oregon Tort Claims Act, which has separate limits that adjust over time for inflation.
Understanding your options after a wrongful death
The insurance companies want you to believe the $500,000 limit is final. It is not. Let a nurse-attorney perform a thorough medical-legal audit of your loved one’s care to fight for the true compensation your family deserves. Contact Robert Beatty-Walters today.