State v. Moreno-Hernandez

“It is generally held that medical expenses incurred due to the negligent injury of a minor unemancipated child are damages suffered by the parent and not the child.” Palmore v. Kirkman Laboratories, 270 Or 294, 527 P2d 391 (1974); ORS 31.700.

Defendant was convicted of thirteen charges, including second-degree rape, second-degree sodomy, first-degree sexual abuse, and compelling prostitution, all relating to acts committed against an underage victim. In addition to imposing a 370-month prison sentence, the trial court sentenced Defendant to pay three $50,000 compensatory fines, ultimately payable to the victim, on three prostitution convictions. The Court of Appeals reversed the compensatory fines, holding that they had not been properly imposed and that there was no evidence in the record that the victim had suffered economic damages as the result of Defendant's actions, but did not remand the case for resentencing. On appeal, Defendant argued that the victim incurred medical expenses only to the extent that she was “liable, obligated, or responsible in law or equity for or otherwise subject to the payment of” those expenses. Thus, Defendant argued that the victim never incurred medical expenses. In response, the State argued that a person incurs medical expenses simply by obtaining necessary medical treatment. “It is generally held that medical expenses incurred due to the negligent injury of a minor unemancipated child are damages suffered by the parent and not the child.” Palmore v. Kirkman Laboratories, 270 Or 294, 527 P2d 391 (1974); ORS 31.700. The Court held that the State had not shown economic damages to the victim based on her medical treatment because victim was in the legal custody of DHS for the entire period of time that she was treated, and did not herself incur medical expenses associated with that treatment.  However, the Court reasoned there were other sentencing options available for the sentencing court to consider.  The decision of the Court of Appeals is affirmed in part and reversed in part. The case is remanded to the circuit court for further proceedings.