Oregon · Medical malpractice claims: harm and next steps

Medical malpractice claims: harm and next steps in Oregon

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Filing deadline2 years from discovery; 5-year reposeORS § 12.110(4)

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Oregon?

ORS § 12.110(4): 2-year SOL from discovery; 5-year repose from the treatment, omission or operation (if fraud, deceit or misleading representation prevented filing, 2 years from its discovery). Minors: the 5-year repose applies notwithstanding minority tolling under ORS 12.160. A lawyer can confirm yours.

2 years from discovery; 5-year repose

Source: ORS § 12.110(4)

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Oregon has a 2-year statute of limitations for medical malpractice from the date the patient discovered or should have discovered the injury, with a 5-year repose from the act. Oregon has no cap on non-economic malpractice damages — attempts to impose caps have been struck down by Oregon courts as unconstitutional. Oregon does not require a pre-filing certificate of merit.

Medical facilities in Oregon

  • OHSU Hospital — Level I Trauma Center

  • Legacy Emanuel Medical Center — Level I Trauma Center

How this works nationally

For the overall process and updates, read the Medical malpractice claims: harm and next steps overview. This page covers the local information available for Oregon.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Oregon? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. ORS § 12.110(4)