Link to State Law: Oregon Statutes
The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Oregon state law, contact an experienced attorney.
Statute of Limitations: Oregon law requires that medical malpractice actions be commenced within two years of the date of the wrongful act or omission, or within two years of the date the injury was or reasonably should have been discovered. The law also states that no medical malpractice action may be filed more than five years after the date of the act or omission giving rise to the injury, regardless of when the injury is discovered. For cases involving minors, the statute of limitations begins to run on a minor's eighteenth birthday, but the five year limit remains applicable.
Minimum Qualifications of Expert Witnesses: Oregon law does not impose any special restrictions on medical malpractice expert witnesses.
Limitations on Monetary Damages: If the medical professional is found to have been acting within the scope of his or her duties without malice, punitive damages are not available to the plaintiff.
Limitations on Attorney Fees: According to Oregon law, the attorney fee for a punitive damages award may not exceed 20% of the award.