When Is It Too Late to Sue for Medical Malpractice in Oregon?

Every state has a statute of limitations that applies to professional malpractice lawsuits. Medical malpractice claims are included in professional malpractice. A statute of limitations is a law that limits the amount of time an individual has to take someone else to court.

As with many other states, in Oregon the statute of limitations for medical malpractice claims is two years. This law can be found in section 12.110(4) of the Oregon Codes. This time limitation applies to medical, surgical, and dental care providers. It also applies in situations where injury caused by the health care providers is an act of commission or an act of omission.

The two years starts on the date the injury was discovered or on the date when the injury should have been discovered were the patient exercising reasonable care. The difficult part about bringing medical malpractice lawsuits in Oregon is that the lawsuits shall not be brought if more than 5 years has passed since the date of the medical professional's errors. This means that the patient must become aware of the injury within 3 years. That may not be much time for some types of injuries. There are a few exceptions to this 5 year rule, but they are limited.

If you feel you may have suffered or may be suffering from medical malpractice, you now know that you have a limited amount of time in which you can sue your medical provider. You should speak with a knowledgeable and experienced medical malpractice attorney right away. A quality medical malpractice lawyer will be able to advise you on the best course of action you should take.