Oregon Medical Malpractice Laws

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.

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.

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.