Medical Malpractice Trial Against OHSU Cap Begins

Opening statements were given yesterday in the first medical malpractice trial against OHSU in Oregon since last month when the Oregon Court of Appeals overruled the cap in another malpractice case.

The plaintiff is Ken Ackerman, a former Portland TV anchorman, who is suing Oregon Health & Science University for medical malpractice from a back surgery.

The tort claim cap, in Oregon, against valid public entities is $100,000 economic damages and $100,000 non-economic damages. Many people believe OHSU is no longer entitled to protection of the cap since it only receives 3% public money and, in many ways, acts as a private corporation.

The trial is a medical malpractice trial being held in Judge Michael Marcus' courtroom in Multnomah County, Oregon.

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