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Tort Reform
In recent years, many states have enacted punitive damage limitations on medical malpractice actions to help doctors, nurses and other health care workers stay in business and to stem the tide of medical insurer defections from high-risk states to states offering lower exposure to loss. However, depending on the way the punitive damage cap provisions are written, states may or may not be affording health care workers and insurers the protections they intended to give. Case in point: Johannesen v. Salem Hospital, 336 Or. 211, 82 P.3d 139 (2003). In this case, the Oregon Supreme Court issued a decision that broadens the scope of punitive damages claims against health care providers in Oregon beyond those that the legislature presumably intended.
Johannesen v. Salem Hospital
Plaintiff'S decedent Salina Johannesen received prenatal care from Dr. David West. During her pregnancy, Johannesen developed pre-eclampsia/pregnancy-induced hypertension. The only treatment for severe pre-eclampsia is delivery of the baby.
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