Oregon Medical Malpractice Laws
Oregon has a 2-year statute of limitations for medical malpractice with a 5-year statute of repose. Oregon does not require a certificate of merit, pre-suit notice, or medical review panel — making it one of the more plaintiff-friendly states procedurally. The noneconomic damage cap for medical malpractice was struck down in Busch v. McInnis (2020), and there is no cap on compensatory damages. Oregon does not have a patient compensation fund.
Last verified: 2026-02-25
Statute of Limitations
Medical malpractice claims must be filed within 2 years from the date the injury was discovered or reasonably should have been discovered. An absolute 5-year statute of repose applies from the date of the treatment, omission, or operation that caused the injury.
Exceptions
If a foreign object is left in the body, the claim must be filed within 1 year of discovery. The 5-year statute of repose does not apply to foreign body cases.
If the healthcare provider fraudulently concealed the malpractice, the 5-year statute of repose does not apply and the 2-year discovery rule runs from actual discovery.
The statute of limitations is tolled for minors until they reach age 18. However, the 5-year statute of repose is not tolled — claims involving very young children must still be filed within 5 years of the treatment.
Damage Caps
The Oregon Supreme Court struck down the noneconomic damage cap in Busch v. McInnis (2020). There is no cap on noneconomic damages in medical malpractice cases in Oregon.
Oregon has no cap on economic (compensatory) damages in medical malpractice cases.
Punitive damages are available in medical malpractice if the plaintiff proves malice, fraud, or reckless disregard by clear and convincing evidence. 60% of any punitive award goes to the state.
Filing Requirements
Oregon does not require a certificate of merit, affidavit of merit, or expert opinion before filing a medical malpractice lawsuit.
Oregon does not require a pre-suit notice letter or mandatory waiting period before filing suit against a healthcare provider.
Oregon does not require submission to a medical review panel or arbitration before filing suit in court.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Oregon.
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