Every state, including Oregon, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. In Oregon, the statute of limitations is two years. In cases of fraud or misrepresentation, an action may commenced within five years from the date of the treatment or omission. The statute of limitations is tolled (delayed) during the time a claimant is within 18 years of age or deemed legally insane. But the tolling provision cannot extend the statute for more than one year after the disability is lifted. Also, Oregon’s wrongful death statute of limitations applies to actions for death caused by medical malpractice which requires an action be brought within three years after the injury causing the death is discovered (or reasonably should have been discovered) by the decedent, his representative, or a beneficiary.
The discovery rule is an exception to the standard deadline in instances in which the plaintiff could not reasonably have learned that he/she even had a medical malpractice case. In Oregon, the discovery rule requires that the “clock” of the statute of limitations does not begin “ticking” until the plaintiff knows or reasonably should know that he/she was injured and the factual cause of the injury. The plaintiff should also know of some evidence of wrongdoing by the health care provider. As for minors in Oregon parents or legal guardians of children under age 18 at the time of the alleged malpractice have until their 21st birthday to file a medical malpractice lawsuit.
Costs, Requirements, and Limitations:
• Industry Average Cost of an Oregon Medical Malpractice Insurance Policy: $7,395
• Is Medical Malpractice Insurance Required in Oregon? No, but protecting assets is recommended.
• Minimum Carrying Requirements in Oregon: None, but as mentioned it is highly recommended.
• What are the medical malpractice damage caps in Oregon?There is a damage cap in the event the malpractice caused the patient’s wrongful death. The cap is set at $500,000.
• What is the “statute of limitations” for a medical malpractice complaint? 2 years, Oregon Revised Statutes section 12.110 Malpractice suits per 100,000 residents: 28.6. Total payout: $42.9 million (4.95 percent increase)