Medical malpractice occurs when your health care provider fails to meet the accepted standard of care. A medical professional’s mistakes can cause pain and suffering, even if the symptoms take years to manifest.
Oregon has laws to help you seek financial compensation, which apply even if you discover your injury years after the procedure. By learning about the state’s deadlines, you can protect your right to recovery.
What are Oregon’s primary deadlines?
Oregon generally gives you two years to file a medical malpractice lawsuit from when you discover, or should have discovered, the injury and its connection to medical error. This protects you if your symptoms appear later.
Oregon also imposes a five-year deadline called the statute of repose. This deadline starts from the date of the medical error or omission. It can prevent recovery even if the two-year deadline has not expired.
Shorter deadlines may apply for lawsuits against public or government-run hospitals. To sue a public body in Oregon, you may provide a Tort Claim Notice within 180 days of when the injury was, or reasonably should have been, discovered. If you are a minor or suffer from incapacity, your deadline may extend by up to 90 days.
What are the exceptions to standard deadlines?
The state makes exceptions for standard deadlines depending on the circumstances. These exceptions can modify or extend the time limit:
- Fraud or concealment: The 5-year statute of repose is lifted. If your health care provider hid the error, you have 2 years to file, starting from the day you discover the fraud.
- Minors under 18: The deadline is paused for up to 5 years, but you must file no later than one year after turning 18, whichever comes first.
- Incapacity: The deadline is paused for up to 5 years, but you must file no later than one year after recovery, whichever comes first.
The state provides these exceptions to prevent you from losing claims to factors beyond your control. With these protections, you may have more time to hold responsible parties accountable.
Protecting your right to sue
Acting quickly protects your right to file a medical malpractice lawsuit. By learning about Oregon’s deadlines and key exceptions, you can file on time and avoid losing your right to sue.