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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 deadlineTwo 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.
Medical malpractice capsNo 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.

More Oregon personal injury & wrongful death

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.