Huegli Law
Oregon Medical Malpractice Lawyer
Todd Huegli, an Oregon medical malpractice attorney with 17+ years of trial experience, holds doctors and hospitals accountable for preventable harm — surgical errors, missed diagnoses, anesthesia failures, birth injuries, and wrongful death from medical negligence. Statewide representation. Free consultation. No fee unless we win.
Last reviewed: May 2026
50+
Jury cases tried to verdict
$15M+
Recovered in medical malpractice cases
2022–2026
Oregon Super Lawyers
17+
Years of practice
What Is Medical Malpractice in Oregon?
Medical malpractice is the legal claim a patient brings when a healthcare provider fails to meet the accepted standard of care — and that failure causes injury or death. In Oregon, the standard of care is what a reasonably competent provider in the same specialty would have done under the same circumstances. Establishing the claim requires expert medical testimony from a qualified physician;ORS 677.095 governs the conduct of physicians and surgeons in this state, and the case-law framework around it has been built up over decades of Oregon appellate decisions.
Most medical malpractice cases come down to four elements: (1) a doctor-patient relationship existed, (2) the provider breached the standard of care, (3) the breach directly caused the injury, and (4) the injury produced measurable damages. Bad outcomes alone are not malpractice — medicine is uncertain, and a poor result without a breach of the standard of care is not actionable. Conversely, when the standard of care was clearly broken — wrong-site surgery, missed obvious imaging findings, failure to act on a critical value, hospital-acquired infections from infection-control failures — Oregon law allows full recovery for economic loss, pain and suffering, and (in death cases) the losses to surviving family.
Huegli Law represents Oregonians and their families across the full range of medical malpractice claims. Approximately 70% of the firm's caseload is medical malpractice; the remainder is general personal injury and wrongful death. Todd Huegli has tried more than 50 complex cases to verdict and has been selected to Oregon Super Lawyers every year from 2022 through 2026.
Not sure if you have a case?
Take the free 7-question quiz
Answer seven short questions about what happened and Todd will tell you whether your situation lines up with Oregon's four malpractice elements — duty, breach, causation, and damages.
Start the quizIn-Depth Medical Malpractice Subtopic Guides
Comprehensive guides to the major categories of Oregon medical malpractice — statutes, proof, evaluation, and FAQ for each.
Misdiagnosis & Delayed Diagnosis
Failure-to-diagnose stroke, heart attack, cancer, and sepsis — the most common subtopic in Oregon medical malpractice.
Surgical Errors
Wrong-site surgery, retained instruments, intra-operative injury, post-operative monitoring failures.
Anesthesia Errors
Hypoxic brain injury, failure to intubate, dosing errors, anesthesia awareness, monitoring failures.
Birth Injury
HIE, cerebral palsy, delayed C-section, fetal-distress mismanagement, shoulder dystocia, Erb's palsy.
Medication Errors
Prescribing errors, pharmacy negligence, dispensing errors, drug interactions, monitoring failures.
Hospital Negligence
Understaffing, infection control, failure to rescue, corporate negligence, and system-level safety failures.
Emergency Room Errors
Triage failures, EMTALA violations, premature discharge, missed time-critical diagnoses.
Nursing Home Neglect
Pressure ulcers, falls, malnutrition, untreated infections, elder-abuse claims under ORS 124.100.
Dental Malpractice
Implant nerve injuries, extraction errors, office sedation injuries, failure to diagnose oral cancer.
Never Events
Wrong-site surgery, wrong-patient procedures, retained surgical items, reportable sentinel events.
Types of Medical Malpractice Cases We Handle
Below are the categories of medical malpractice cases Todd handles most often. Click through to read in-depth analyses of the law and the medicine for each topic.
Stroke Misdiagnosis
Stroke symptoms are routinely misread in Oregon emergency rooms as migraine, vertigo, or anxiety. Time is brain — every hour of delay costs viable tissue. Failure to administer tPA within the 4.5-hour window or to perform timely imaging when symptoms warranted it can be malpractice.
When a missed stroke is malpracticeHeart Attack Misdiagnosis
Patients — particularly women, who often present without classic chest pain — are sent home from Oregon ERs with a diagnosis of indigestion, anxiety, or musculoskeletal pain when they are actively having a myocardial infarction. EKG misread, troponin not ordered, or risk-stratification failures.
Related blog postCancer Misdiagnosis & Delayed Diagnosis
Failure to refer for biopsy, missed mammogram findings, dismissed lung-nodule reports, ignored hematuria, or PSA values left untracked. By the time the right diagnosis is made, the cancer has often progressed from a stage that was curable to a stage that is not.
Could my doctor have diagnosed my cancer sooner?Lung Cancer Misdiagnosis
Non-small-cell lung cancer is repeatedly mistaken for bronchitis, pneumonia, or COPD exacerbation. A persistent cough, hemoptysis, or unexplained weight loss demands imaging — not another round of antibiotics.
Failure to diagnose non-small cell lung cancerSurgical Errors
Wrong-site and wrong-patient surgeries are categorized as never events for a reason — they should not happen, period. Other surgical malpractice includes retained instruments, unintended organ injury, and procedures performed without truly informed consent.
Wrong-site surgery and never events explainedAnesthesia Errors
Failure to intubate, oxygen deprivation, anesthesia awareness, dosing errors, and failure to monitor during a procedure. Anesthesia errors cause permanent brain injury and death in cases that should have been routine.
Hypoxia, intubation, and anesthesia malpracticeBirth Injuries
Negligence in pregnancy, labor, and delivery — including failure to perform a timely C-section, failure to recognize fetal distress on the strip, and shoulder dystocia mismanagement — can cause hypoxic-ischemic encephalopathy, cerebral palsy, Erb's palsy, and other permanent injuries to mother or child.
Delayed C-section and birth-injury claimsHospital-Acquired Infections & Sepsis
MRSA, C. diff, and post-surgical infections that progress to sepsis when the standard of care — including the Sepsis 1-Hour Bundle for fluid resuscitation, blood cultures, and broad-spectrum antibiotics — is not met. Hospital systems are accountable for the consequences of infection-control failures.
Suing the hospital for HAI sepsisMedication & Pharmacy Errors
Wrong medication, wrong dose, dangerous drug interactions, and failure to monitor for known side effects. Pharmacy negligence and physician negligence can both contribute to a single bad outcome.
Medication errors and pharmacy negligenceNursing Home Negligence
Pressure ulcers, falls, malnutrition, dehydration, untreated infections, and elopement injuries that result from inadequate staffing or failure to follow the resident's plan of care.
Signs of nursing home negligenceDental & Dental-Implant Malpractice
Negligent extraction, improper implant placement causing nerve injury, and failure to recognize complications after oral surgery. Dental cases follow the same medical-malpractice framework under Oregon law.
Therapist & Counselor Misconduct
Sexual relationships, boundary violations, and other professional-ethics breaches by mental-health providers. These cases involve the same standard-of-care analysis as physician malpractice.
Therapist malpractice in OregonOregon Medical Malpractice Law, Explained
The Oregon statutes and appellate decisions that shape every medical malpractice case in this state.
How long do I have to file a medical malpractice claim in Oregon?
Under ORS 12.110, you have two years from the date you discovered (or reasonably should have discovered) the injury to file a medical malpractice claim. The discovery rule matters: many med-mal injuries — particularly missed diagnoses and surgical errors — aren't apparent until weeks, months, or years after the underlying negligence. The clock starts when you knew or should have known.
Read the full statute-of-limitations breakdownFive-Year Statute of Repose
Oregon also imposes an absolute outer deadline under ORS 12.110(4): no medical malpractice claim may be filed more than five years after the date of the negligent act, regardless of when the injury was discovered. Limited exceptions apply for foreign objects left in the body and for fraud or concealment. The five-year repose is firmer than the two-year discovery limit — it can bar claims even when the patient could not have known of the injury.
Oregon deadlines vary by claim type. The table below summarizes the controlling statutes.
| 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 |
No Cap on Noneconomic Damages — Busch v. McInnis
Oregon does not cap noneconomic damages (pain and suffering, loss of consortium, loss of enjoyment of life) in medical malpractice cases involving serious injury or death. The legislative cap at ORS 31.710 was struck down as applied to wrongful-death plaintiffs in Busch v. Lewis (1999) and reaffirmed in subsequent decisions. The unconstitutional-as-applied analysis means juries decide non-economic damages without an artificial ceiling.
Why ORS 31.710 doesn't apply after BuschWhat if a public hospital like OHSU was involved?
If your case involves OHSU, a county hospital, or another public health-care provider, the Oregon Tort Claims Act 180-day notice rule (ORS 30.275) requires written notice of the claim within 180 days of the injury — far shorter than the two-year limitations period. Missing the OTCA notice deadline is one of the most common ways an otherwise valid Oregon medical malpractice case becomes uncollectable.
Full OTCA explainer — notice, public bodies, FTCAComparative Negligence
Oregon follows a modified comparative-fault rule under ORS 31.600: a plaintiff may recover damages reduced by their percentage of fault, but only if their fault is 50% or less. In medical malpractice, comparative-fault arguments often involve allegations that the patient missed follow-up appointments, ignored discharge instructions, or failed to disclose relevant history. These arguments can usually be defeated when the underlying negligence was the primary cause of harm.
How comparative fault affects your claimWrongful Death from Medical Negligence
When medical malpractice results in death, the claim becomes a wrongful-death action under ORS 30.020 — filed by the personal representative of the estate, with damages distributed among statutory beneficiaries. Wrongful-death claims have their own three-year limitations period under ORS 30.020(1) and a different damages framework than survival actions.
Wrongful death vs. survival actionsExpert Testimony Requirement
Establishing a medical malpractice claim in Oregon requires expert medical testimony — typically from a physician in the same specialty — to define the standard of care and explain how the defendant breached it. ORS 677.095 codifies the duty of physicians and surgeons. Unlike some states, Oregon does not require a pre-suit certificate of merit. That lower procedural barrier means valid Oregon med-mal cases can be filed and developed without forfeiting the discovery process to a paperwork hurdle.
Notable Settlements
Representative Medical Malpractice Results
Past results do not guarantee future outcomes. Each case is evaluated on its own facts.
$4.7M
Settlement
Failure to diagnose stroke
$4.0M
Settlement
Failure to diagnose heart attack
$2.0M
Settlement
Wrongful death — auto
$1.7M
Settlement
Medical malpractice
$1.5M
Settlement
Medical negligence — death
What to Expect When You Hire Huegli Law
From the first phone call through verdict or settlement, here is how an Oregon medical malpractice case typically moves.
- 1
Free Initial Consultation
Call (971) 317-6436 or use the contact form. Todd will speak with you directly to understand what happened, how it has affected you, and whether the facts suggest a viable claim. No fees, no pressure, and no obligation.
- 2
Medical-Record Review & Expert Consultation
If the case looks viable, Huegli Law obtains your complete medical records and engages an Oregon-qualified medical expert in the relevant specialty. The expert reviews the records and forms an opinion on whether the standard of care was breached and whether the breach caused your injury.
- 3
Pre-Suit Investigation & Demand
Where appropriate, we present the malpractice claim to the provider or hospital's insurance carrier with a detailed factual and legal demand. Some cases settle at this stage. Most do not — and we plan from day one for the possibility of trial.
- 4
Filing the Lawsuit & Discovery
If pre-suit demands don't resolve the case, we file in the appropriate Oregon Circuit Court (or federal court when jurisdiction supports it) before the statute-of-limitations deadline. Discovery includes written interrogatories, depositions of treating providers and defense experts, and exchange of records.
- 5
Mediation, Trial, and Verdict
Most cases reach mediation before trial. When a fair settlement isn't offered, the case goes to a jury. Todd has tried more than 50 complex cases to verdict and brings a trial-tested foundation that began as an Oregon public defender — courtroom skill many plaintiff-side civil attorneys never develop.
Mistakes to Avoid in an Oregon Medical Malpractice Case
Delaying Medical Treatment
Seek follow-up care immediately if you suspect an injury caused by medical negligence. Delays can worsen your condition and weaken the causation analysis in your case.
Speaking with Insurance Adjusters Without Counsel
The provider's malpractice carrier will reach out — often before you have processed what happened. Do not give a recorded statement, sign a release, or accept any offer until you have spoken with an attorney.
Failing to Preserve Evidence
Keep all medical records, bills, prescriptions, discharge papers, photos, and correspondence. Write down dates, providers, and what was said. Don't return medical devices or implants without preserving them as evidence.
Missing the 180-Day OTCA Notice (Public Hospitals)
If the negligent provider was OHSU, a county hospital, or any other public entity, ORS 30.275 requires written notice of the claim within 180 days. Missing this deadline is one of the most common ways a valid Oregon medical malpractice case is lost permanently.
Waiting Past the Statute of Limitations
ORS 12.110 imposes a two-year limitations period and ORS 12.110(4) imposes an absolute five-year repose. Both run quickly. Once the deadline passes, no court — and no settlement value — will revive the claim.
Frequently Asked Questions
Related Results
$4,700,000
Medical Malpractice
Failure to Diagnose Stroke
$4,000,000
Medical Malpractice
Failure to Diagnose Heart Attack
$1,700,000
Medical Malpractice
Nerve injury
$1,500,000
Medical Malpractice
Negligence caused patient's death
*Past results do not guarantee future outcomes
Serving Medical Malpractice Clients Throughout Oregon
Huegli Law accepts medical malpractice cases statewide, with consultations available in person at our Lake Oswego office, by phone, or by video.
- Portland,
- Beaverton,
- Hillsboro,
- Lake Oswego,
- Tigard,
- Gresham,
- Salem,
- Eugene,
- Bend,
- Medford
Related Practice Areas
Wrongful Death
When medical negligence results in the loss of a loved one, we help families pursue wrongful-death claims under ORS 30.020.
Personal Injury
Comprehensive plaintiff-side representation for personal injury cases throughout Oregon.
Oregon Tort Claims Act
Notice deadlines, public-body defendants, ORS 30.272 caps, and the FQHC/FTCA pathway, explained.
Never Events & Retained Objects
Wrong-site surgery, retained sponges, the ORS 12.110(4) discovery-rule exception.
Schedule Your Free Medical Malpractice Consultation
Call Todd Huegli today. No fees unless we win your case.
971-317-6436