Oregon Medical Malpractice Statute of Limitations

Malpractice is filed, when the doctor has been found negligent in his/her duties that resulted in injury or death.  There are three reasons a former patient may file suit: 1) the doctor fails to diagnose an illness or injury properly; 2) the doctor does not provide the appropriate treatment as a part of the standard of care; 3) the doctor unreasonably delays treatment that results in injury or death.  However, in the state of Oregon, plaintiffs cannot seek punitive damages, if the doctor acted according to his/her duties and did not have any malicious intent.

Time Limits for Filing a Claim in Oregon

All states have laws regarding the statute of limitations for filing a malpractice suit.  In the state of Oregon, an individual has two years from the time the additional injury or death has occurred.  Even if malpractice is discovered some time after the act or the omission of care, a person cannot file suit, if it has been more than five years.  Unfortunately, if a minor is injured, he/she still only has 5 years from the time of the event, or two years from the eighteenth birthday.

Negligence Laws

Negligence laws are in place to protect the interests of all parties concerned, without unfairly taking advantage of any individual.  For example, in Oregon a lawyer’s fee cannot exceed that of 20% of punitive damages; a former patient cannot seek punitive damages, if the doctor was well within his professional field and did not willfully cause further injury or death.  For more information, see the following chart:

Award Limits in Oregon

In Oregon, not specific award limit has been set for malpractice cases.  However, it does protect the doctor against punitive damages.  If the doctor did not purposefully cause further injury or death, he/she cannot be held accountable for pain and suffering.  The amount sought should be the cost of medical bills and future care.

Legal Help

In any major legal action, professional help is a good idea.  In cases of malpractice, you need someone who specializes in that field of law.  If you are going to have continuing medical bills and costs of care, because of a doctor’s negligence, you need someone with the skill to get you the best settlement possible.