Oregon (OR) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Oregon.
Damage Cap
$500,000 non-economic damages (exceptions apply for certain claims; the cap has been subject to legal challenges)
Statute of Limitations
2 years from the date the injury is first discovered or should have been discovered
Discovery Rule
Oregon applies the discovery rule broadly, beginning the statute when the patient first discovers or should have discovered the injury and its cause, subject to a 5-year statute of repose.
Pre-Filing Requirements
No mandatory pre-filing requirements, but expert testimony is required to establish the standard of care.
Average Settlement
$200,000 - $475,000
Average Verdict
$350,000 - $1,200,000
Key Facts About Oregon Medical Malpractice Law
- 1Oregon's $500,000 non-economic damages cap has faced ongoing constitutional challenges and has exceptions for certain claims.
- 2The state follows a modified comparative fault system with a 51% bar.
- 3Oregon does not require pre-suit screening panels or mandatory certificates of merit.
- 4Punitive damages are available but require clear and convincing evidence of malice or reckless indifference, and 70% of any punitive damages award goes to the state.
Need Help with a Oregon Medical Malpractice Case?
If you believe you have a medical malpractice claim in Oregon, it is important to act quickly. The statute of limitations in Oregon is 2 years from the date the injury is first discovered or should have been discovered. Most medical malpractice attorneys offer free initial consultations.