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Trial began this week 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).

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

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

The trial is in Multnomah County, Oregon and is a medical malpractice trial in Judge Michael Marcus’ courtroom.

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