Can I Claim Medical Negligence After 5 Years

Posted on April 17, 2025 writen by Jane Paulson in Medical Malpractice

Can I claim medical negligence after 5 years in Oregon? In some cases, yes — especially if the harm wasn’t discovered right away. In Oregon, the statute of limitations for medical negligence claims is generally two years from the injury date. However, exceptions exist, like delayed discovery of harm, and you could still file a claim if you discovered the negligence years later. At Paulson Coletti, we understand how confusing and overwhelming these timelines can be, including exceptions for minors or cases involving fraud, and we’re here to help explore your legal options. Our team is committed to guiding you every step of the way to ensure you get justice.

Understanding the Statute of Limitations for Medical Negligence

Oregon law typically gives injured patients two years to file a medical negligence claim from the date the injury was discovered—or should reasonably have been found. However, there’s also a maximum limit of five years from the actual act of negligence, even if the harm wasn’t known until later. This rule is set by Oregon Revised Statutes (ORS) 12.110(4), which outlines the limitations for medical malpractice claims. 

In most scenarios, your case may be barred if more than five years have passed; however, there are situations where the clock pauses or restarts, depending on specific legal factors, such as fraud or concealment by the provider.

Exceptions That May Extend the Time Limit

While Oregon law sets clear time limits, some exceptions may allow you to pursue a claim even after five years: 

Delayed Discovery 

Injuries or medical errors aren’t always apparent and may take time to appear. If the injury couldn’t have been discovered earlier, the statute of limitations may begin when the patient becomes aware of it.

Fraudulent Concealment 

If a healthcare provider hides their error, the statute of limitations may be extended, ensuring providers can’t avoid accountability by covering up mistakes and giving patients a fair chance to seek justice.

Minor Victims 

For minors, the statute of limitations is often paused, or “tolled,” until they reach a certain age, typically 18, certifying they have time to act once they become adults.

Mental Incapacity 

If the patient was mentally incapacitated at the time of the injury or discovery, the statute of limitations may be paused, allowing them to take action once they regain capacity.

These exceptions are not automatic. You’ll need to present strong, convincing evidence supporting your claim that the deadline should be extended beyond the standard limit. 

How to Prove Medical Negligence After Several Years

Successfully proving negligence years after the incident can be more complex. To build a strong claim, our firm focuses on gathering:

• Medical records showing the error or omission
• Expert testimony to establish the standard of care and breach
• Documented harm that resulted from the negligence
• Timeline evidence proving when the injury was discovered or could have been discovered

Collaborating with medical malpractice attorneys is essential for accurately reconstructing past events and ensuring justice for negligence victims.

Challenges in Filing a Delayed Medical Negligence Claim

Pursuing a delayed claim comes with unique challenges that can complicate the process: 

• Evidence deterioration: Over time, important records can be lost, and witnesses’ memories may fade, making it harder to build a clear case. 
• Medical professionals may no longer be accessible: Doctors who treated the individual might have retired or moved, leaving gaps in medical evidence. 
• Increased scrutiny from insurers and courts: Delayed claims often face skepticism, with insurers and courts closely examining their validity and the reasons for the delay. 

Despite these obstacles, our firm has a strong track record of guiding clients through even the most complex cases.

Why Legal Guidance Is Crucial for Late Claims

If you believe you have a valid claim but are beyond the typical time frame, it’s critical to seek legal counsel immediately. An attorney can help determine whether exceptions apply and how to argue your case best.

Waiting too long to speak with an attorney could prevent you from getting the justice — and compensation — you deserve. According to Legal Clarity, claims filed outside the limitations period are often dismissed outright unless you can establish a valid exception.

We do not recommend attempting to interpret these legal standards on your own. Our team will evaluate your case based on current Oregon law and any exceptions that may apply.

Contact Paulson Coletti to Discuss Your Medical Negligence Case

Still wondering if you can claim medical negligence after 5 years? Call Paulson Coletti at 503-682-8721 to schedule a free consultation today. Our firm will review your case, explore legal options, and guide you toward the next steps with confidence and peace of mind.