Medical malpractice claims in Oregon are subject to the state’s statute of limitations laws. According to § 12.110 of Oregon’s revised statutes, a hospital negligence claim brought to recover damages for harm caused by a medical professional must be brought within two years of when the harm was first discovered. However, a victim cannot turn a blind eye to his or her injuries in an effort to stretch the statute of limitations. Therefore, § 12.110 also states that a claim is barred after two years from the date when a victim should have discovered his or her injury if he or she had exercised reasonable care.
However, it is important to note that the statute of limitations goes a step further. The law states that all claims, unless involving a minor or someone who is insane, must be brought within five years from the date of the alleged injurious incident. Yet, if a claim has not been brought because the victim was defrauded or failed to file because of deceit or misrepresentation, then the limitation is stretched to two years from the date that the fraud, deceit, or misrepresentation is or should have been discovered.
With this law in mind, it is important for Oregonians to be cognizant of their health after any contact with a medical professional. If an individual believes that he or she has been injured by a negligent medical professional, then he or she should consider obtaining a second medical opinion and legal assistance.
An attorney may be able to help a medical malpractice victim create a legal strategy that not only abides by the statute of limitations, but also puts the victim in a place where he or she has the best possible chance of success. Winning a case could bring a victim much needed compensation to cover medical expenses, lost wages, and pain and suffering, so the matter should not be taken lightly.
Source: OregonLaws.org, “§ 12.110” accessed on Aug. 9, 2014