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Case Review Request Form Ohsu

Case Review Request Form Ohsu

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if a state entity and its employees cause massive personal injury can they wield the shield of a torts claims act in clark versus oregon health sciences university the oregon supreme court examined whether a statute severely limiting recovery squared with a state constitutional provision guaranteeing that injuries would be remedied as an infant jordan clark a patient at oregon health sciences university or ohsu suffered prolonged oxygen deprivation and became totally and permanently disabled clark sued ohsu and the staff who treated him oregon law limited tort claims against the state in two relevant ways first plaintiffs could sue only the public entity not individual tort feasers such as employees second state law capped damages clark's damages were capped at two hundred thousand dollars which paled in comparison to his 12 million dollars in damages the trial court granted ohsu's motion to dismiss the individual defendants further ohsu invoked the statutory cap on dam

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