A jury is about to decide. Jurors are about to consider who is covered by the $200,000 damage cap in the state in a medical malpractice lawsuit. In the case up for the jury, a 45-year old man is alleging negligence and medical malpractice during a back surgery he underwent last year. The defendants are both the state Health & Science University and the OHSU Medical Group. The OHSU hospital is clearly covered by the cap which applies to hospitals. The jury will answer the question whether the OHSU Medical Group is an agent of the hospital and thus, also covered by the caps.
This medical malpractice lawsuit is the first to come to trial since the state Court of Appeals overruled the cap in another case earlier this month.