In a medical malpractice trial in Oregon this week, jurors will consider who is covered by the $200,000 damage cap in the state. In the case of a 45-year old man who is suing for negligence and medical malpractice as a result of back surgery last year, the defendants are both the Oregon Health & Science University (OHSU) and the OHSU Medical Group. The OHSU hospital is undoubtedly covered by the cap which applies to hospitals. The question will be whether the OHSU Medical Group is an agent of the hospital and thus, also covered by the caps.
This suit is the first to come to trial since the Oregon Court of Appeals overruled the cap in another case earlier this month.