How to Understand the Statute of Limitations for Medical Malpractice in Oregon

The statute of limitations for medical malpractice in Oregon is a crucial legal aspect that both patients and healthcare providers should understand thoroughly. This statute outlines the time limits for filing a medical malpractice claim, which varies based on the circumstances of the case.

In Oregon, the general statute of limitations for medical malpractice claims is two years. This means that a patient has two years from the date of the alleged act of malpractice to file a lawsuit. It’s important to note that the clock starts ticking when the patient discovers, or reasonably should have discovered, the injury and its cause. This is known as the discovery rule.

For example, if a surgical error is identified six months after the procedure, the patient then has one year and six months left to file the claim. This unique aspect of the statute of limitations recognizes that some injuries may not be immediately apparent, allowing patients time to understand their health issues before taking legal action.

There are exceptions to the general two-year limitation that can affect when a claim must be filed. For minors under 18 years old, the statute of limitations is extended. A parent or guardian can initiate a medical malpractice claim on their behalf until the child reaches the age of 18. At that point, the child has until their 20th birthday to file a claim. 

Another exception pertains to fraudulent concealment of a medical error. If a healthcare provider purposely hides their negligence, the statute of limitations may be extended beyond two years from the date of discovery. This means a patient might have more time to file a lawsuit if they can prove that the provider concealed their wrongdoing.

It’s crucial to act promptly if you suspect medical malpractice. Gather any documentation related to your treatment, such as medical records, bills, and correspondence with healthcare providers. This information will be vital for establishing a timeline and supporting your claim.

Consulting with an experienced medical malpractice attorney in Oregon can also provide valuable guidance. Attorneys can help you navigate the complexities of the law, determine the merits of your case, and ensure you adhere to the appropriate timelines. Many personal injury attorneys work on a contingency basis, meaning they only get paid if you win your case.

Understanding the statute of limitations for medical malpractice in Oregon is essential for protecting your rights. Being aware of these time limits empowers you to take action swiftly and significantly increases your chances of a successful outcome in your claim.