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Oregon Health Care Damage Limit Measure 35 (2004)

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Oregon Ballot Measure 35 (2004) appeared on the November 2, 2004 ballot in Oregon as an initiated constitutional amendment, where it was defeated.

Election results

Measure 35
ResultVotesPercentage
Defeatedd No896,85750.79%
Yes 869,054 49.21%


Official ballot title

Limits Noneconomic Damages (Defined) Recoverable For Patient Injuries Caused By Healthcare Provider's Negligence Or Recklessness.[1]

Support

The Yes on 35 campaign created a detailed slideshow (click to download) in support of the measure, arguing that "frivolous" lawsuits are hurting the health care system, causing insurance rates to go up, and forcing doctors to close their practices.

Many of those in the medical industry rallied around this measure. Some of the opponents include: [2]

  • Oregon Medical Association
  • Oregon Nurses Association
  • Oregon Association of Hospitals and Health Systems
  • Oregon Health Care Association
  • Edward J. Gormley, Mayor of McMinnville

Opponents

Opponents of this measure argued that the initiative keeps victims of malpractice from recieving their just rewards. Some argued that the measure will do nothing to keep the cost of medical care down because it only takes away patients' rights and does not crack down on negligent doctors who are creating the cost problems.

Some of the opponents include: [3]

  • AARP
  • Governor Theodore Kulongoski
  • Dr. Thomas Saddoris, Family Physician
  • Oregon State Fire Fighters Council
  • United Seniors of Oregon
  • Erin Brockovich
  • Representative Bob Jenson
  • Oregonians for Health Security
  • Miller and Wagner LLP Trial Lawyers[4]

See also

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