Ballot Measure 35 would amend the Oregon Constitution to impose a limit on noneconomic damages that may be claimed in certain actions. The measure applies to claims made by injured patients and legal representatives of injured patients, including persons claiming loss of consortium (the loss of the company, affection, assistance and sexual relations of a spouse). The limitation applies only to claims made by such persons against healthcare providers and healthcare entities licensed in Oregon, for injuries incurred while the provider or entity was acting within the scope of the license. The limitation applies to claims based on negligence or recklessness, but does not apply to claims based on intentional injury. Nor does it limit claims for wrongful death.
Source for Popular Vote data: Oregon Secretary of State. November 2, 2004, General Election Abstract of Votes, Oregon Secretary of State (http://www.sos.state.or.us/elections/nov22004/abstract/m35.pdf) (accessed 26 Aug 2007)