Medical Malpractice Rules in Oregon
The deadline to file a medical malpractice claim in Oregon, the discovery rule, and caps on damages.
Short answer: Two years from when the injury is first discovered or reasonably should have been discovered. Regardless of discovery, the action must be filed within five years after the treatment, omission or operation, unless fraud, deceit or misleading representation prevented filing; Or. Rev. Stat. § 12.110(4)
| Medical malpractice deadline | Two years from when the injury is first discovered or reasonably should have been discovered. Regardless of discovery, the action must be filed within five years after the treatment, omission or operation, unless fraud, deceit or misleading representation prevented filing; in that case the deadline is two years after the fraud is or should have been discovered. Source: Or. Rev. Stat. § 12.110(4) |
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| Medical malpractice caps | No separate medical malpractice damages cap was found. The $500,000 noneconomic cap for wrongful death actions applies when malpractice causes death. Punitive damages may not be awarded against licensed health practitioners (such as physicians, nurses and dentists) who were acting within the scope of their license and without malice. Source: Or. Rev. Stat. §§ 31.710, 31.740 |
More Oregon personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Oregon
- Wrongful Death Lawsuits in Oregon
- Car Accident Claims in Oregon
- Dog Bite Liability in Oregon
- Motorcycle Accident Claims in Oregon
- Pedestrian Accident Claims in Oregon
- Bicycle Accident Claims in Oregon
- Uber and Lyft Accident Claims in Oregon
- Truck Accident Claims in Oregon
- Construction Site Injuries in Oregon
- All Oregon personal injury & wrongful death rules
FAQ
What is the statute of limitations for medical malpractice in Oregon?
Two years from when the injury is first discovered or reasonably should have been discovered. Regardless of discovery, the action must be filed within five years after the treatment, omission or operation, unless fraud, deceit or misleading representation prevented filing; in that case the deadline is two years after the fraud is or should have been discovered.
Is there a cap on medical malpractice damages in Oregon?
No separate medical malpractice damages cap was found. The $500,000 noneconomic cap for wrongful death actions applies when malpractice causes death. Punitive damages may not be awarded against licensed health practitioners (such as physicians, nurses and dentists) who were acting within the scope of their license and without malice.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.