ORS 31.264
Discussion of adverse health care incident
- offers of compensation
- reporting to commission
(1)
A health care facility or health care provider who files or is named in a notice of adverse health care incident filed under ORS 31.262 (Notice of adverse health care incident) and the patient involved in the incident may engage in a discussion regarding the incident within the time established by the Oregon Patient Safety Commission by rule.(2)
The health care facility or health care provider who files or is named in the notice shall notify the patient and all health care facilities and health care providers involved in the adverse health care incident of the date, time and location of the discussion and shall reasonably accommodate all persons that wish to attend.(3)
The patient and the health care facility or health care provider who files or is named in the notice may include other persons in the discussion.(4)
Within the time established by the commission by rule, the health care facility or health care provider who files or is named in the notice may:(a)
Communicate to the patient the steps the health care facility or health care provider will take to prevent future occurrences of the adverse health care incident; and(b)
Intentionally left blank —Ed.(A)
Determine that no offer of compensation for the adverse health care incident is warranted and communicate that determination to the patient orally or in writing; or(B)
Determine that an offer of compensation for the adverse health care incident is warranted and extend that offer in writing to the patient.(5)
If a health care facility or health care provider makes an offer of compensation under subsection (4) of this section, the facility or provider shall advise the patient of the patient’s right to seek legal advice before accepting the offer.(6)
Except for offers of compensation extended under subsection (4) of this section, discussions between the health care facility or health care provider and the patient about the amount of compensation offered under subsection (4) of this section must remain oral.(7)
The health care facility or health care provider and the patient may agree to extend the time limit established by rule of the commission under this section, but a time limit may not be extended to more than 180 days after the notice of adverse health care incident is filed under ORS 31.262 (Notice of adverse health care incident) unless the health care facility or health care provider and the patient also agree to extend the statute of limitations applicable to a negligence claim.(8)
If the patient accepts an offer of compensation made under subsection (4) of this section, the health care facility or health care provider who made the offer shall notify the commission.(9)
The commission shall request a report indicating the status of the matter from the person that filed the notice of adverse health care incident under ORS 31.262 (Notice of adverse health care incident) within 180 days after the date the notice was filed. If the matter is not resolved 180 days after the notice was filed, the commission may request additional reports from the person that filed the notice as necessary. [2013 c.5 §3]
Source:
Section 31.264 — Discussion of adverse health care incident; offers of compensation; reporting to commission, https://www.oregonlegislature.gov/bills_laws/ors/ors031.html.
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