Oregon Measure 35, Healthcare Damages Limit Initiative (2004)
| Oregon Measure 35 | |
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| Election date |
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| Topic Tort law |
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| Status |
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| Type Initiated constitutional amendment |
Origin |
Oregon Measure 35 was on the ballot as an initiated constitutional amendment in Oregon on November 2, 2004. It was defeated.
A "yes" vote supported limiting noneconomic damages for injuries caused by healthcare providers' negligence or recklessness at $500,000, adjusted annually for inflation. |
A "no" vote opposed limiting noneconomic damages for injuries caused by healthcare providers' negligence or recklessness at $500,000, adjusted annually for inflation. |
Election results
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Oregon Measure 35 |
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| Result | Votes | Percentage | ||
| Yes | 869,054 | 49.21% | ||
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896,857 | 50.79% | ||
Text of measure
Ballot title
The ballot title for Measure 35 was as follows:
| “ | AMENDS CONSTITUTION: LIMITS NONECONOMIC DAMAGES (DEFINED) RECOVERABLE FOR PATIENT INJURIES CAUSED BY HEALTHCARE PROVIDER'S NEGLIGENCE OR RECKLESSNESS RESULT OF “YES” VOTE: “Yes” vote limits recovery of noneconomic damages (defined) for negligent or reckless injury to patient by healthcare provider to $500,000 (adjusted annually for inflation). RESULT OF “NO” VOTE: “No” vote retains current law, which places no limit on jury award of noneconomic damages (defined) for injury caused by negligence, recklessness of healthcare. provider. SUMMARY: Amends constitution. Under current law, there is generally no limit on jury’s award of noneconomic damages to patient, patient’s legal representative, or patient’s spouse for injury caused by healthcare provider. Measure limits recovery of noneconomic damages for negligent or reckless injury caused by an Oregon licensed healthcare provider or healthcare entity to $500,000. Defines noneconomic damages to include pain; mental suffering; emotional distress; loss of society, companionship, services; loss of sexual relations; inconvenience; interference with normal and usual activities apart from employment. Specifies formula to adjust for inflation annually. Limitation applies regardless of extent of injuries, number of people entitled to damages, or number of defendants sued. Does not apply to wrongful death claims. Applies to suits filed after January 1, 2005. Other provisions. ESTIMATE OF FINANCIAL IMPACT: There is no financial effect on state or local government expenditures or revenues. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Oregon, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval unless the initiative proposes changing vote requirements, then the initiative must be approved by the same supermajority requirement as proposed by the measure.
See also
External links
Footnotes
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State of Oregon Salem (capital) |
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