Oregon's Medical Malpractice Statute of Limitations

Oregon limits how long a patient has to file a medical malpractice lawsuit. The deadline is short, and missing it usually ends the case before any court looks at whether the medical care was negligent. This article explains the time limits Oregon law places on medical malpractice claims, including the two-year discovery rule, the five-year outer limit, the narrow fraud exception, and the special notice deadline that applies when the provider is a public hospital.

The two-year discovery rule

Oregon's statute of limitations for medical malpractice is set out in ORS 12.110. Subsection (4) governs medical, surgical, and dental treatment. It says an action for injuries from medical, surgical, or dental treatment, omission, or operation must be commenced "within two years from the date when the injury is first discovered or in the exercise of reasonable care should have been discovered."[^1]

Two ideas inside that sentence matter:

• The clock starts at discovery, not at the date of treatment. A patient harmed by a missed cancer diagnosis often does not learn of the injury until months or years after the missed visit. Oregon law starts counting the two years when the patient knew, or reasonably should have known, that something went wrong.
• "Reasonably should have known" is its own deadline. A patient cannot wait indefinitely for a definitive answer. If a reasonable person in the patient's position would have suspected the care fell below the standard sooner — for example, after a follow-up provider explained that an earlier treatment was negligent — the two years can begin running from that earlier date.

When discovery happened is often disputed. Whether and when a reasonable person should have suspected negligence is a fact-intensive question that turns on the patient's medical records, what later providers said, and what symptoms developed.

The five-year statute of repose

Oregon also imposes a five-year outer limit — a "statute of repose." Subsection (4) of ORS 12.110 continues: "every such action shall be commenced within five years from the date of the treatment, omission or operation upon which the action is based."[^1]

The repose is different from the discovery rule. The two-year period says how long a patient has after learning of the injury. The five-year repose says how long after the negligent act, regardless of when the injury is discovered, the suit must be filed. Even a patient who reasonably did not discover the injury for six years generally cannot bring a medical malpractice claim under ORS 12.110(4). The repose runs from the treatment, omission, or operation — not from discovery.

The repose also is not extended by a patient's minority or disabling mental condition. The same subsection applies the five-year limit "notwithstanding the provisions of ORS 12.160," which is Oregon's general suspension statute for minors and persons with a disabling mental condition.[^1]

The fraud, deceit, or misleading representation exception

The five-year repose has one exception inside the statute itself. ORS 12.110(4) provides that if no action has been commenced within five years "because of fraud, deceit or misleading representation," the action may be commenced "within two years from the date such fraud, deceit or misleading representation is discovered or in the exercise of reasonable care should have been discovered."[^1]

This exception is narrow. It is not enough that a provider's records were unclear or that the patient was not told everything that happened. Oregon courts evaluate the fraud, deceit, or misleading representation as a discrete component with its own elements. Whether a particular concealment qualifies is a question of fact that is generally tested by the records and any communications between provider and patient.

Public hospitals and the Tort Claims Act notice

Some Oregon hospitals are public bodies — county hospitals, certain teaching hospitals, and others. A medical malpractice claim against a public body is governed by the Oregon Tort Claims Act. ORS 30.275 requires that, before any lawsuit is filed, written or actual notice of claim be provided to the public body.[^2]

The notice deadlines are short:

• Personal injury claims, including a living patient's medical malpractice claim against a public hospital: within 180 days after the alleged loss or injury. ORS 30.275(2)(b).[^2]
• Wrongful death claims: within one year after the alleged loss or injury. ORS 30.275(2)(a).[^2]

The notice is in addition to, not in place of, the statute of limitations. A patient with a malpractice claim against a public hospital must both serve a timely notice of claim and file the lawsuit within the limitations period in ORS 12.110(4). Failure to give notice within the applicable deadline is usually fatal to a claim under the Tort Claims Act, even if the lawsuit would otherwise have been timely.

Why these deadlines are unforgiving

Oregon courts generally will not reach the merits of a medical malpractice claim filed after the deadline, no matter how strong the underlying facts. Patients who suspect that a provider's care fell below the standard of care under Oregon's Medical Practice Act in ORS 677 are best served by consulting an Oregon attorney early — both to preserve evidence and to avoid a deadline problem that can quietly close out an otherwise viable claim.

[^1]: ORS 12.110 — Actions for certain injuries to the person not arising on contract; effect of fraud or deceit. https://oregon.public.law/statutes/ors_12.110 [^2]: ORS 30.275 — Notice of claim; time of notice; time of action; content of notice. https://oregon.public.law/statutes/ors_30.275

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 [PHONE] for a free case review. Todd Huegli is licensed in Oregon and consults on cases in Oregon only.