SALEM, Ore. - The President of Oregon Health & Science University made an unprecedented acknowledgment on Monday, admitting that $200,000 is simply not enough compensation in some malpractice cases.

"We believe it is too low," said Dr. Joe Robertson, OHSU President.  "We believe it should be raised."

OHSU has a state-legislated tort liability cap of $200,000 in malpractice cases because they receive a portion of their funding from the state. 

Last year, KATU News investigated the case of Jordaan Clarke, a Longview boy who was treated at OHSU as an infant for a heart defect and left the hospital permanently disabled after an admitted medical mistake.

Today, Clarke requires a feeding tube and around-the-clock care.  It is estimated that the cost of his lifetime care will be $11 million, but OHSU is only liable for $200,000.

His case against OHSU was argued two months ago before the Oregon Supreme Court and they are expected to hand down a ruling within the year.

In the meantime, lawmakers are taking up the issue of the legal protection that shields OHSU and state agencies from such lawsuits, trying to decide whether to raise the cap and if so, how much.  Current proposals on the table include increasing the cap from $500,000 to $875,000.

"I don't have the magic way to determine the right amount," said Dr. Robertson.  "I think something in that range certainly seems reasonable."

Other agencies, such as individual cities and counties, are concerned that raising the cap would overexpose them to lawsuits they cannot afford.  Also, OHSU doctors would be forced to pay malpractice insurance just like doctors at private hospitals.

Sen. Vicki Walker, D-Eugene, calls into question the very idea that OHSU deserves this kind of protection, given its $1 billion plus operating revenue and the only 3 percent of its budget that comes from state funding.

"You expect you are going to a high quality institution, which they are, but they make mistakes like every other institution," she said.  "Yet they are able to hide under that veil of sovereign immunity because they get a teeny weeny portion of their budget from the state."

There will obviously be a lot more discussion before any changes are made, but one thing OHSU is already doing differently is that they are notifying patients about the tort liability cap before they begin treatment.