Where We Stand
Section: Professional Liability Insurance
Policy: Professional Liability Insurance

Professional Liability Insurance

OMA is committed to the provision of malpractice loss prevention education programs and materials for its members to reduce professional liability losses and assure better medical care for patients. 
Adopted at the annual House of Delegates, 1983.
Reaffirmed at the annual House of Delegates, 2011.

OMA will pursue state legislation directed toward physician liability insurance relief by creating an insurance subsidy for Oregon physicians providing obstetrical care in rural areas, or other avenues of liability insurance relief.  In addition, OMA will give priority to work on state and national efforts at tort reform, liability insurance evaluation and other avenues to address the national crisis in health care brought about by the premium increases and/or discontinuation of medical liability insurance programs.

OMA will vigorously pursue a variety of solutions through the legislative process:

1. A modified non-economic cap that allows a jury to override the cap upon finding of gross malpractice.
2. Periodic payment where future damages are awarded for economic and non-economic damages.
3. Amend existing collateral benefits statute to require the court to offset any damage award by the amount of any collateral benefits received.
4. Establish a sliding scale for attorney contingency fees, lowering the percentage, as the damage award grows higher.
5. Establish mandatory mediation of a medical malpractice claim upon the request of the defendant.
6. Expand discovery rules allowing for discovery of experts and limit discovery to identification of the parties’ experts and the right of the opposing party to depose the expert.
7. Define “Informed Consent” in terms of the “Objective Patient Standard.”
8. Limit interest on damage awards to the current rate of interest paid on U.S. Treasury Bills.
9. Prohibit a plaintiff from transferring a damage award into a trust on behalf of other family members during the plaintiff’s lifetime. 
10. Amend the Joint and Several Liability Statute (ORS 18.485) to provide:

1. Several liabilities only.
2. Allow a defendant to prove liability of another entity and reduce any damage award to the extent of the liability of the other party.
3. Any prior damages provided to plaintiff pursuant to a settlement with another party shall be disclosed to the court and deducted from any damages awarded plaintiff.

 Adopted at the interim House of Delegates, 2002.


The OMA will be the resource of information on physician workforce issues including documentation of the condition of the medical liability insurance industry in Oregon.
Adopted at the interim House of Delegates, 2005.


OMA and all its component societies fully support and endorse the continued funding of the Oregon Rural Medical Liability Program and urge all members of the Oregon legislature to pass pending legislation without further delay.
Adopted at the annual House of Delegates, 2011.