How Long Do You Have to Sue a Doctor After Surgery?

Posted on April 16, 2025 writen by Jane Paulson in Medical Malpractice

Experiencing complications after surgery can be both physically and emotionally overwhelming. You may be asking, how long do you have to sue a doctor after surgery? In Oregon, strict deadlines apply to medical malpractice claims, and acting quickly is crucial to protect your legal rights. At Paulson Coletti Trial Attorneys PC, we assist individuals across Portland and throughout Oregon in pursuing justice after surgical negligence, holding healthcare providers accountable, and ensuring you receive the compensation you deserve for the pain, suffering, and financial losses caused by their actions.

What Is the Statute of Limitations for Medical Malpractice Surgical Errors in Portland?

In Oregon, how long do you have to sue a doctor after surgery? The statute of limitations for filing a medical malpractice lawsuit is typically two years from the date you discovered or reasonably should have discovered the injury. This rule applies to surgical errors as well.

However, Oregon law also sets a strict deadline: no more than five years from the date of the actual negligent act, regardless of when the injury was discovered. Even if symptoms appear years later, you could still be time-barred from filing a claim.

Key Exceptions:

• Minors have until their 19th birthday to file, regardless of when the injury occurred.
• Fraud or concealment by the healthcare provider may extend the time limit.
• Wrongful death cases may follow a different timeline depending on circumstances.

Because calculating these deadlines can be complex, especially when discovery delays are involved, it’s crucial to speak with an experienced attorney right away.

Why You Should Consider a Medical Malpractice Lawyer

Navigating a surgical malpractice claim without legal support is risky. Medical malpractice cases are among the most complex personal injury claims, requiring detailed knowledge of medical standards, expert witness coordination, and skillful litigation.

Here’s how our firm helps:

• We conduct an in-depth review of medical records and surgical reports.
• We work with board-certified medical experts to validate your claim.
• We handle all communications with insurance companies.
• We build a compelling case aimed at achieving full and fair compensation.

With decades of courtroom experience, our Oregon trial attorneys understand how to present your story effectively and hold negligent providers accountable.

How Do Surgical Errors and Malpractice Occur?

Surgical malpractice happens when a healthcare provider deviates from the standard of care expected during surgery, causing harm. These errors can happen at any stage of the surgical process—pre-op, intra-op, or post-op. 

Common surgical malpractice issues include:

• Operating on the wrong site or patient
• Leaving surgical instruments inside the body
• Administering incorrect anesthesia dosages
• Performing unnecessary surgery
• Failing to monitor for complications like infection or internal bleeding

Mistakes like these are not always immediately apparent. Symptoms may emerge days or even weeks later, which is why knowing the statute of limitations is so important.

How to Prove Negligence After Surgery

To win a medical malpractice claim, you must prove the doctor violated the standard of care, which directly caused your injury. This requires strong medical evidence and expert testimony. 

The Oregon Medical Board (OMB) reviews malpractice claims through an initial screening. Claims that don’t show a violation of the Medical Practice Act are closed. Serious allegations, like patient death or wrong-site surgery, move to further investigation. 

If a claim advances, a board investigator gathers details like witness statements, patient records, and expert opinions. The Investigative Committee reviews this information, which may request more investigation or forward the case to the full Board. The board then decides whether to take disciplinary action.

Compensatory Damages That Could be Awarded

If your claim is successful, you may be eligible for both economic and non-economic damages.

Economic damages may include:

• Medical bills (past and future) 
• Lost income and reduced earning capacity 
• Rehabilitation and home care expenses 

Non-economic damages can cover:

• Pain and suffering 
• Emotional distress 
• Loss of enjoyment of life 

In Oregon, non-economic damages in medical malpractice cases are typically capped at $500,000 under the ORS 31.710. However, there is no cap on economic damages. 

Our firm meticulously documents every detail of your injury to secure the maximum compensation you deserve.

Talk to Our Medical Malpractice Team About Your Legal Options

After surgery, unexpected harm can disrupt every part of your life. If you’re wondering how long you have to sue a doctor after surgery in Oregon, don’t wait to get answers. 

At Paulson Coletti Trial Attorneys PC, we’re here to guide you, explain your rights, and fight for the justice you deserve. Call us at 503-682-8721 for a free consultation. Let us advocate for you.