OREGON MEDICAL MALPRACTICE

In Oregon, heath care providers who fall below the medical standard of care associated with other similarly situated medical professionals are considered negligent, and can be found to have committed medical malpractice (also referred to as med mal and medical negligence). The following actions or inaction may result in a suit for medical malpractice in Oregon:

1. Injuries during the birth of a child
2. Improper diagnosis or treatment
3. Failure to diagnose or treat
4. When a prescription is not filed correctly

A medical malpractice attorney should be contacted if a medical practitioner has caused you injury as a result of his negligence.

Who Can Commit Malpractice In Oregon?

Any medical professional in Oregon can be sued for med mal. Any person licensed or authorized to provide medical care or services in Oregon qualifies as a medical professional. Such professionals may be physicians, nurses, dentists, clinical social workers, hospitals, assisted living facilities, and physical therapists, to name a few. Speak to an Oregon medical malpractice lawyer if you do not understand who or what qualifies as a medical professional or health care provider.

Oregon Medical Malpractice Statutes of Limitation

Your medical malpractice claim must be filed within a specific time frame after your injury, or after the discovery of your injury. If you do not file your claim within the requisite time period, your claim will be barred and you will not be able to get damages for your claim. Be sure to discuss your claim with an Oregon med mal lawyer, as a claim must be filed within:

1. Two years of the discovery of the injury, but within five years from the date of the omission or the treatment complained of;
2. For minors, the statute of limitations begins to run when the minor turns eighteen. But, regardless of his age, suit still cannot be filed more than five years after the act or omission causing the injury.

Damages Limitations On Oregon Medical Malpractice Claims

Oregon law places a cap of $500,000 on damages for losses that are non-economic in nature, but otherwise there are no award limits in Oregon. Punitive damages are not permitted against individual health practitioners (doctors and nurses), but may be awarded against hospitals.

How To File A Oregon Medical Malpractice Claim

Because med mal cases can be highly intricate, expensive, and long term, it is in your best interest to hire an Oregon medical malpractice lawyer to assist in filing your case, hiring expert medical witnesses, handling the defendant's team of experienced lawyers, and taking depositions. In addition, filing suit against several defendants (doctors, hospitals, nurses, manufacturers whose defective medical equipment causes injury) can be complex, and an Oregon med mal lawyer can help with this process.

Oregon Revised Statutes

Medical Malpractice

1. Who Can Commit Medical Malpractice In Oregon?
1. Health Care Directives, Chp.127 § 505.
2. Oregon Medical Malpractice Statutes of Limitations
1. Procedure in Civil Proceedings, Chp.12 § 110.
3. Medical Malpractice Damage Limitations in Oregon
1. Damages, Chp.31 §§ 700-740.