Legal Question in Medical Malpractice in Oregon

Re: How to sue a public Medical Institution?

OHSU can and should be sued for as much as the case is worth. A judge might LATER reduce it; that's a separate matter. However, the maximum recovery from OHSU is, last time I checked, $100,000, UNLESS the injured party has $100,000 or more in "Special" damages, which means out-of-pocket damages, or hard dollars, for medical bills, wage loss, etc. THEN, in that event, there is an additional $100,000 available, and that's it, usually.

As to the "form" you need: You should read the statutes that govern this matter -- that's at ORS 30.275, and the surrounding statutes. The only thing I'm NOT clear about is whether OHSU's specific, SEPARATE STATUTE governing claims against them, says anything about WHO to send that Tort Claim Notice to. The GENERAL RULE when an arm of STATE Gov't is to be served with Tort Claim Notice, is that you send it, Cert. mail, with return receipt requested, AT the post office, and SEND it to the Administrator of the Dept of General Services, I THINK it is, in Salem. The statute SHOULD tell you that. The ORS can be located via my own website, or just through the bar's site, which is www.osbar.org -- and look on the LEFT side of the webpage for lawyer resources and the like.

The CONTENTS of the notice are spelled out in the statute, too. It's essentially a short statement of what happened, when, where and how it happened, how you're damaged, to whom they should communicate with about this case, and that you intend to make a claim for damages, regarding this matter. But read the statute carefully first, and THEN I'd still suggest you run it by a lawyer. I should THINK that you could pay a laywer $50 just to REVIEW the Tort Claim Notice for you, to be on the SAFE side. THAT way, worst case, if the LAWYER screws it up, at least we're all required (in Oregon, perhaps nowhere else) to carry at least $300,000 in malpractice insurance. If you're on your OWN, you won't get any recovery (money), if you screw up your case badly enough.

Also, if you have such a good case, I'm surprised you can't find a lawyer to handle it. Sometimes, you have to go to the "second tier" of lawyers in a particular specialty -- the GOOD, decent lawyers who happen not to be the ones everybody knows about; preferably, someone relatively NEW as a lawyer. THEY are more likely to have the time available, and to have much LESS overhead. In other words, IF the case is that "clean," as we say, then a newer lawyer is likelier to be able to "afford" to take the case for you.

Best of luck to you!

Sam