What is the Statute of Limitations for Oregon Medical Malpractice Lawsuits?
Posted on January 29, 2021 in Medical Malpractice
Medical mistakes can be devastating. Victims who are harmed due to a medical professional’s careless or negligent actions often sustain extensive injuries or illnesses that can lead to immense pain and suffering, long recovery times, and even permanent disabilities. In these cases, victims should be able to recover compensation through a medical malpractice lawsuit against the alleged negligent medical professional or medical system. It is important for medical malpractice victims in Oregon to know that they have a limited amount of time to file these lawsuits.
Oregon’s medical malpractice statute of limitations
Every state is allowed to set limitations on the amount of time that victims have to file lawsuits in medical malpractice cases. In Oregon, the medical malpractice statute of limitations is two years from the date the injury occurred or from the date that the injury should reasonably have been discovered.
However, there is also an overall statute of repose involved in these cases. No medical malpractice case can be filed more than five years after the date the incident occurred, regardless of when the injury or illness was discovered.
There is a separate time limit for medical malpractice cases that lead to the death of the victim. In these cases, the statute of limitations is extended to three years from the date of the injury or illness, the date of the discovery of the injury or illness, or from the date of death. Again, no medical malpractice case, even one resulting in death, can be filed more than five years from the date the medical malpractice occurred.
Any person under the age of 18 or any person deemed to be “insane” who has been the victim of medical malpractice has five years from the date they turn 18 or are no longer deemed “insane” to file their claim in court.
It is crucial to keep these limitations in mind if you or someone you care about has been injured due to a medical mistake. Please seek assistance from a skilled Oregon medical malpractice attorney who can handle every aspect of your claim and work to ensure the lawsuit gets filed on time.
Are there limitations on how much compensation can be recovered?
Many states place limitations or “caps” on the amount of money a medical malpractice victim can recover if they file a successful lawsuit. Oregon does place certain limitations on these claims. There is no cap on the amount of economic damages that can be recovered (medical bills, lost wages, out-of-pocket expenses, etc.). However, Oregon does place a limitation on how much an estate and families can recover in wrongful death cases, including death caused by medical malpractice. This includes coverage for pain and suffering, emotional distress, loss of consortium, etc. For non-economic damages in an Oregon medical malpractice wrongful death claim, plaintiffs are limited to $500,000.
How often do medical mistakes occur?
Researchers at Johns Hopkins have said that medical mistakes are now the third leading cause of death in the United States. This is an astounding number. Medical mistakes can occur in various ways, including the following:
- Failure to diagnose
- Failure to obtain informed consent from a patient
- Surgical errors
- Anesthesia mistakes
- Healthcare-acquired infections
- Failure to prevent patient falls
- Prescription medication errors
- Obstetrical errors
Please seek immediate legal assistance if you or a loved one have been injured or become ill due to the careless, negligent, or wrongful actions of a medical provider.