Oregon's Medical Malpractice Statute of Limitations

Deadlines matter in a medical malpractice case. If you wait too long to file, an Oregon court can dismiss the case no matter how strong it is. The law that sets these deadlines is called a statute of limitations. This article explains the main deadlines in Oregon medical malpractice law, where they come from, and a special rule that applies when the provider works for the government.

The Two-Year Discovery Rule

In Oregon, most medical malpractice claims must be filed within two years. But the clock does not always start on the day of the treatment. Under ORS 12.110(4), the two years run from the date the injury "is first discovered or in the exercise of reasonable care should have been discovered."¹

This is called the discovery rule. A patient does not always know right away that a provider was negligent. Some injuries take months or years to show up. The discovery rule gives the patient two years from the point when they knew, or reasonably should have known, that the care caused harm.

Courts look at what a reasonable person would have known. The deadline can start before a patient is completely certain something went wrong. That is one reason people often talk with an attorney early, even when the facts are still unclear.

The Five-Year Outer Limit

The discovery rule has a ceiling. ORS 12.110(4) also says an action must begin "within five years from the date of the treatment, omission or operation upon which the action is based."²

Lawyers call this a statute of repose. It is a firm outer deadline. Even if a patient does not discover the injury until later, the five-year limit can end the claim. So a claim must usually be filed within two years of discovery and within five years of the treatment itself. Whichever period runs out first can control.

The Fraud Exception

There is an important exception to the five-year limit. Sometimes a provider hides a mistake or misleads the patient about what happened. ORS 12.110(4) addresses this. If "fraud, deceit or misleading representation" kept the patient from discovering the injury, the patient may file within two years from the date that fraud "is discovered or in the exercise of reasonable care should have been discovered."³

In plain terms, a provider cannot run out the clock by concealing an error. When that happens, the deadline can shift to two years after the patient learns of the deception.

Special Rule for Public Hospitals and the Oregon Tort Claims Act

Some medical providers work for the government. This includes county hospitals, state clinics, and Oregon Health and Science University, or OHSU. When the provider is a public body, an extra set of rules applies under the Oregon Tort Claims Act.

The most important rule is an early notice deadline. Under ORS 30.275, before filing many claims against a public body, a person must give notice of the claim. For most injury claims, that notice is due "within 180 days after the alleged loss or injury," and for wrongful death claims the notice period is "within one year after the alleged loss or injury."⁴

This 180-day notice deadline is much shorter than the two-year filing deadline. Missing it can end a claim against a public provider even when the two-year period has not run out. The statute lists several ways to give proper notice, including formal written notice and actually starting a lawsuit within the deadline.

The Tort Claims Act also sets its own filing deadline. Under ORS 30.275, an action against a public body must begin "within two years after the alleged loss or injury."⁵

OHSU is a good example of why this matters. By statute, OHSU is treated as a public body under the Tort Claims Act. ORS 353.100 says the Tort Claims Act provisions "apply to Oregon Health and Science University under the same terms as they apply to public bodies other than the state."⁶ So care from an OHSU provider can trigger the 180-day notice rule.

Because it can be hard to know whether a provider is public or private, this is another area where getting legal guidance early can help protect a claim.

Why These Deadlines Are Easy to Miss

Medical malpractice deadlines are more complicated than a single date on a calendar. The discovery rule, the five-year outer limit, the fraud exception, and the public-body notice rules can all point to different dates. A short delay can matter.

If you are wondering how these deadlines apply to a specific situation, an Oregon attorney can review the facts and the timing. Huegli Law offers a free case review by phone.

This article is educational

This article describes Oregon law in general terms. It is not legal advice and does not create an attorney-client relationship.

Time limits matter. Most Oregon personal-injury and auto-accident claims must be filed within two years of the injury or accident. Medical malpractice claims must be filed within two years of when you knew or reasonably should have known of the negligence, with an outer limit of five years from the act itself (with a fraud exception). Wrongful death claims must be filed within three years of the date of death. Claims against public bodies (cities, counties, state agencies, public hospitals) require a notice of claim within 180 days. Missing these deadlines typically ends a case.

If you think you may have a claim, call Huegli Law at 971-317-6436 for a free case review. Todd Huegli is licensed in Oregon and consults on cases in Oregon only.

Footnotes

1. ORS 12.110. https://www.oregonlegislature.gov/bills_laws/ors/ors012.html ↩

2. ORS 12.110. https://www.oregonlegislature.gov/bills_laws/ors/ors012.html ↩

3. ORS 12.110. https://oregon.public.law/statutes/ors_12.110 ↩

4. ORS 30.275. https://www.oregonlegislature.gov/bills_laws/ors/ors030.html ↩

5. ORS 30.275. https://oregon.public.law/statutes/ors_30.275 ↩

6. ORS 353.100. https://oregon.public.law/statutes/ors_353.100 ↩