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The clock is ticking on your medical malpractice lawsuit

On Behalf of | Feb 15, 2022 | Medical Malpractice |

We put a great deal of faith in our medical professionals. We trust them with our health and, at times, our very lives. When that trust is violated and a doctor does something which injures someone under their care, anger and frustration will likely follow. You may decide that a medical malpractice lawsuit is your best option – but you should not delay.

Legal limitations on medical malpractice recovery

A doctor is obligated to provide every person with a certain level of care. When they fail in their duty – whether through an oversight or a mistake – they can be held liable for medical malpractice. Oregon gives a victim of malpractice the right to file suit so that they can be compensated for their injuries and made whole.

However, Oregon also places a legal limit on the amount of time you have to file such a lawsuit, known as the statute of limitations. Generally, that time limit is two years, but when the clock starts ticking is a significant question. According to the law, it begins when the victim discovers, or should reasonably have discovered, the injury caused by the doctor’s actions. Sometimes the injury is obvious and occurs when the procedure or treatment takes place. Other times the injury is not discovered until much later. Each case is different and must be evaluated independently.

Practical limitations on time

Beyond the statute of limitations, it’s critical that an investigation take place into the malpractice. A successful lawsuit is built upon evidence. But as time passes, memories fade and evidence can deteriorate, making it important that an investigation begin as early as possible. The investigation itself may take a considerable amount of time, as medical and other records must be reviewed and potential witnesses interviewed. Once an injury caused by malpractice has been discovered, any delay can ultimately harm your chances to receive the compensation to which you are entitled.

 

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