Oregon

Statute of Limitations

Medical Claim Generally:

“An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation shall be commenced within two years from the date when the injury is first discovered or in the exercise of reasonable care should have been discovered.” [ORS § 12.110]

The statute of limitations begins on the date you discovered or should have discovered the medical malpractice, but cannot be filed more than 5 years after the malpractice.

Minors:

“The statute of limitation for commencing the action is tolled for so long as the person is younger than 18 years of age” but may not be tolled “for more than five years, or for more than one year after the person no longer has a disabling mental condition” [ORS § 12.160]

Wrongful death:

A wrongful death action must be brought within 3 years of the date of death [Oregon Statute § 12-1053]

Damage Caps

Oregon does not have a cap on economic damages or non-economic damages in medical negligence cases involving injury.  Non-economic damages in wrongful death cases arising from medical malpractice at capped at $500,000. (Or. Rev. Stat. §§ 31.705, 31.710)

Attorney Fee   Caps

Oregon does not have general attorney fee caps. However, “in no event may more than 20 percent of the amount awarded as punitive damages be paid to the attorney for the prevailing party” [ORS §31.735]

Pre-suit Requirements

Oregon does not have any statutory pre-suit requirements for medical malpractice cases. However, Oregon case law requires written notice of a claim [Frigo v. Silver Cross Hospital & Medical Center (2007)]

Expert

Qualifications

Oregon requires the general rules for experts that the testimony must be relevant and reliable [Rule 702 of the Oregon Evidence Code]

Negligent

Credentialing Claims

Oregon recognizes negligent credentialing [Miller v. Providence Portland Medical Center (2011)]