FB Oregon Statute of Limitations for Birth Injuries, Medical Malpractice

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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)).


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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