Legal Question in Medical Malpractice in Oregon

Re: Malpractice suites in Oregon

I'm guessing you were treated through some sort of government-related facility, such as Oregon Health & Sciences University, OHSU, because you were told the time for filing suit isn't very long. If the negligent medical care was through such a facility, then Oregon law requires you file a "TORT CLAIM NOTICE" within 180 days of the incident. This is merely your statement of your intent to make a claim, but there are technical requirements. Take a look at the ORS, beginning at ORS 30.260, or have a lawyer prepare the Tort Claim Notice for you.

This notice is a pre-requisite to filing a lawsuit. In other words, if you haven't done a tort claim notice within 180 days or haven't sued within that time (a proper lawsuit filed within 180 days also acts as tort claim notice), then the defendant may be able to get the lawsuit dismissed.

The actual applicable statute of limitations in Oregon is ordinarily TWO YEARS from the date of the medical negligence, where death does not result, or two years from the date you discover or reasonably should have discovered the medical negligence. But again, if it's against a state or local government defendant or an employee or agent of them, you must file the tort claim notice within the 180 days, even if you sue within two years.

Good luck,

-- Sam