Question 1

What is medical malpractice in Oregon?

Accepted Answer

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or death. This includes misdiagnosis, surgical errors, medication errors, and birth injuries.

Question 2

How do I know if I have a medical malpractice case?

Accepted Answer

You may have a case if a healthcare provider's negligence directly caused your injury. Key factors include breach of standard of care, causation, and significant damages.

Question 3

What is the statute of limitations for medical malpractice in Oregon?

Accepted Answer

Generally two years from the date of discovery of the injury, or from when you reasonably should have discovered it.

Question 4

What damages can I recover in a medical malpractice case?

Accepted Answer

Medical expenses, lost wages (past and future), pain and suffering, and long-term care costs. Punitive damages may apply when the defendant acted with malice or reckless and outrageous indifference.

Question 5

Who can file a wrongful death lawsuit in Oregon?

Accepted Answer

The personal representative of the deceased's estate, typically a close family member such as a spouse, child, or parent.

Question 6

What damages can be recovered in a wrongful death case?

Accepted Answer

Pain and suffering prior to death, lost wages, funeral expenses, loss of companionship, emotional distress, and potentially punitive damages.

Question 7

How long do I have to file a wrongful death claim in Oregon?

Accepted Answer

Generally three years from the date of death.

Question 8

Do I need an expert witness for a medical malpractice case?

Accepted Answer

Yes, Oregon law typically requires expert testimony to establish the standard of care and how it was breached.

Question 9

What should I do if I suspect medical malpractice?

Accepted Answer

Document everything, obtain copies of your medical records, seek a second medical opinion, and consult with an experienced medical malpractice attorney.

Question 10

How much does it cost to hire a medical malpractice lawyer?

Accepted Answer

Todd Huegli works on a contingency fee basis — you pay nothing unless we win your case.

Question 11

What types of medical errors lead to malpractice claims?

Accepted Answer

Misdiagnosis, delayed diagnosis, surgical errors, medication errors, birth injuries, anesthesia errors, and failure to obtain informed consent.

Question 12

Can I sue a hospital for medical malpractice?

Accepted Answer

Yes, hospitals can be held liable for negligence of their employees and for systemic failures in care.

Question 13

What is informed consent in medical malpractice?

Accepted Answer

Healthcare providers must explain risks, benefits, and alternatives of a procedure. Failure to obtain proper informed consent can be grounds for a malpractice claim.

Question 14

How long does a medical malpractice case take?

Accepted Answer

Cases vary widely. Some settle in months, while complex cases may take 2-3 years or more through trial.

Question 15

What if I'm partially at fault for my injury?

Accepted Answer

Oregon follows modified comparative negligence under ORS 31.600 — you can recover as long as you're not more than 50% at fault, but your award is reduced by your percentage of fault. At 51% or higher, you recover nothing.

Question 16

What is the 5-year statute of repose for Oregon medical malpractice claims?

Accepted Answer

ORS 12.110(4) imposes an outside deadline of 5 years from the date of the medical act, even if the injury wasn't discovered until later. The 2-year discovery rule sits inside this 5-year ceiling. A narrow exception extends the discovery clock for foreign objects negligently left in the body — sponges, instruments, or other items not intended to remain there.

Question 17

Do I have to give 180 days notice before suing a public hospital in Oregon?

Accepted Answer

Yes. Under the Oregon Tort Claims Act (ORS 30.275), personal-injury claims against public bodies — OHSU, county hospitals, and state-employed providers — require formal written notice within 180 days of the injury. Wrongful-death claimants get one year. Missing this deadline typically bars the claim entirely, even when the underlying statute of limitations is years longer.

Question 18

Is OHSU treated as a state agency for malpractice claims?

Accepted Answer

Yes. ORS 353.020 designates Oregon Health & Science University as a public corporation, which means OHSU and its employed providers are covered by the Oregon Tort Claims Act. Claims trigger the 180-day notice requirement and the OTCA's damages caps under ORS 30.272.

Question 19

What happens if my doctor practiced at a Federally Qualified Health Center?

Accepted Answer

FQHCs and their providers are treated as federal employees under the Federally Supported Health Centers Assistance Act, which routes malpractice claims into the Federal Tort Claims Act. That means filing an SF-95 administrative claim with the appropriate federal agency within 2 years, exhausting that process, and then suing in U.S. District Court — a different procedure than a state-court medical malpractice case.

Question 20

Does Oregon cap non-economic damages in medical malpractice?

Accepted Answer

Not in non-death cases. ORS 31.710 originally capped non-economic damages at $500,000, but the Oregon Supreme Court struck the cap down as applied to personal-injury claims in Lakin v. Senco Products (1999) and reaffirmed that holding in Busch v. McInnis Waste Systems (2020). The Legislature later narrowed the cap to wrongful-death claims; in a non-death medical malpractice case, no statutory cap applies to non-economic damages.

Question 21

Does Oregon require a certificate of merit or expert affidavit to file a malpractice case?

Accepted Answer

Oregon does not require a certificate of merit at filing. But expert medical testimony is essentially always required to prove the standard of care and causation — without a qualified expert willing to support the case, it cannot survive summary judgment. Reputable Oregon malpractice firms vet cases with consulting experts before filing, even though no formal affidavit is required.

Claim type	Discovery deadline	Statute of repose	Public-hospital notice	Federal FTCA
Medical malpractice	2 yrs (ORS 12.110)	5 yrs (ORS 12.110(4))	180 days (ORS 30.275)	2 yrs + SF-95
Wrongful death	3 yrs (ORS 30.020)	—	1 yr (ORS 30.275(2)(a))	2 yrs + SF-95
Personal injury / auto	2 yrs (ORS 12.110)	—	180 days (ORS 30.275)	2 yrs + SF-95

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