Oregon Medical Ass'n v. Rawls

ORS chapter 752, enacted in 1975 and amended in 1977, provides a plan under which participating physicians may secure themselves against personal liability for professional negligence. If a physician maintains professional liability insurance for specified amounts and contributes to an excess liability fund established under the statute, any claim for damages that may arise from his professional negligence can be collected only from his insurance coverage and thereafter from the fund.

The 1975 version of the statute was brought before this court in Oregon Medical Association v. Rawls, 276 Or…