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What is the statute of limitations for malpractice?

The statute of limitations in Oregon— a law that determines the amount of time you have to bring legal action— is a complicated document. That is largely due to the fact that the document covers all potential actions you might want to initiate, not solely those related to medical malpractice.

If you are wondering how long you have until you must either decide to take legal action or let your opportunity expire, the short answer is that you probably have two years. The clock begins ticking down when you discover the injury.

Depending on the particulars of your situation, things might be more complicated. The Oregon Legislative Assembly legal reference online states that, if you do not discover the injury immediately— as is sometimes the case with brain injuries an infant sustains during childbirth— you might have up to five years from the time the injury occurred to take action.

It is slightly different when it comes to situations in which a medical professional may have defrauded you in some way. If your caregiver deliberately hid the truth, that also extends your deadline. You could bring action any time within two years after you discover the fraudulent claims or deceitful actions of your doctor.

Any medical malpractice claim you make regarding birth or pregnancy injuries is likely to engender intense scrutiny by medical professionals and legal teams on both sides of your case. This investigative process might take years in and of itself: Your chance of fully revealing all of the facts in any endeavor like this is often greater when all the records are recent. While it might not seem so to you at first, the statute of limitations protects victims from pursuing hopeless cases by encouraging them to take action while the events are fresh in the minds of witnesses and recorded in admissible documents. Please view this as educational information— it is not intended to advise you nor guide any legal decision.