Oregon Medical Malpractice Statute of Limitations
In Oregon, there is a two-year statute of limitations, or a two-year time limit, for filing a medical malpractice claim. Under state law, all Oregon medical malpractice claims must be filed in court within two years of the date of the injury. If the injury results in death, any lawsuit must be filed within three years of the injury, date of discovery, or date of death, but no more than five years from the date of injury.
If the deadline has passed and you try to file a lawsuit anyway, the doctor or hospital you’re trying to sue will file a motion asking the court to dismiss the case. Unfortunately, most courts will grant the motion and you’ll be unable to take further legal action against the doctor or hospital that harmed you.
There is only one exception to Oregon’s statute of limitations: if the defendant used fraud, deceit or misleading representation to hide the malpractice, then there is a two-year deadline once the fraud or deceit is discovered. In these cases, a medical malpractice claim must still be proven through 1) proving the doctor or hospital acted negligently, and 2) correlating the negligence with an injury.
Damage Caps in Oregon Medical Malpractice Claims
Many states place a cap on damages in medical malpractice claims. Oregon’s constitution prevents caps on non-economic damages in personal injury cases, including medical malpractice. While the state doesn’t place a cap on non-economic damages in personal injury cases, a cap of $500,000 is applied to wrongful deaths caused by medical malpractice.
While you technically have two years to file a claim, many medical malpractice lawyers refuse to take cases older than eighteen months. If you believe you may have a medical malpractice claim, it’s in your best interest to hire a medical malpractice lawyer as soon as possible.
Please contact Nelson MacNeil Rayfield today if you have any questions regarding your claim. Call 1-503-447-3990 today for a free consultation!