Klutschkowski v. PeaceHealth

*152KISTLER, J.

Plaintiffs brought this medical malpractice action to recover for injuries that their son sustained during delivery. On review, the issues are whether ORCP 59 H limits an appellate court’s ability to review objections to a trial court’s instructional rulings and whether a statutory cap on non-economic damages constitutionally can be applied to actions brought by children injured during birth. The Court of Appeals held that, because defendant had not excepted to the trial court’s rulings as ORCP 59 H requires, it could not seek appellate review of those rulings. Klutschkowski v.…