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Dedicated and Compassionate Birth Injury Attorneys Serving Clients Nationwide. Call us today at
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Oregon

  • SOL for Medical Malpractice Claims (Minor Plaintiffs): 5 years
  • SOL for Medical Malpractice Claims (Parental Claims): 2 years
  • SOL for Wrongful Death Claims: 3 years

Oregon Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

5 years: Or. Rev. Stat. § 12.160: Until majority (18) – but time for commencing action may not be extended for more than five years, or more than one year after the person reaches 18 years of age, whichever occurs first.

Oregon Statute of Limitations for Medical Malpractice Claims (Parental Claims)

2 years: Or. Rev. Stat. § 12.110(4): An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation shall be commenced within two years from the date when the injury is first discovered or in the exercise of reasonable care should have been discovered. However, notwithstanding the provisions of ORS 12.160, every such action shall be commenced within five years from the date of the treatment, omission or operation upon which the action is based or, if there has been no action commenced within five years because of fraud, deceit or misleading representation, then within two years from the date such fraud, deceit or misleading representation is discovered or in the exercise of reasonable care should have been discovered.

Oregon Medical Malpractice Claim Caps

No caps for injury, but cap of $500,000 for wrongful death (Or. Rev. Stat. § 18.560: found unconstitutional for any common law causes of action in Lakin v. Senco Products, Inc., 329 Or. 62, 987 P.2d 463 (1999)).

Oregon Statute of Limitations for Wrongful Death Claims

3 years: Or. Rev. Stat. § 30.020(1): When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedent’s surviving spouse, surviving children, surviving parents and other individuals, if any, who under the law of intestate succession of the state of the decedent’s domicile would be entitled to inherit the personal property of the decedent, and for the benefit of any stepchild or stepparent whether that stepchild or stepparent would be entitled to inherit the personal property of the decedent or not, may maintain an action against the wrongdoer, if the decedent might have maintained an action, had the decedent lived, against the wrongdoer for an injury done by the same act or omission. The action shall be commenced within three years after the injury causing the death of the decedent is discovered or reasonably should have been discovered by the decedent, by the personal representative or by a person for whose benefit the action may be brought under this section if that person is not the wrongdoer.

Oregon Wrongful Death Claim Caps

No caps for injury, but cap of $500,000 for wrongful death (Or. Rev. Stat. § 18.560: found unconstitutional for any common law causes of action in Lakin v. Senco Products, Inc., 329 Or. 62, 987 P.2d 463 (1999)).

The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. Grant & Eisenhofer P.A is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.

Discuss Your Potential Birth Injury Claim With Our Attorneys

If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.