Oregon medical malpractice law
In Oregon, you generally have 2 years to file a medical malpractice claim from the day the injury was discovered. Caps and rules for 2026.
Sources checked
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Your deadline: 2 years from when you found out
Oregon rules at a glance
Work out your deadline- Filing deadline
- 2 years from when the injury was discovered
- Damage caps
- No cap
- Before you file
- No notice or affidavit needed
- Shared fault
- Modified comparative (51% bar)
Full Oregon law guidedeadlines, caps, children, experts and sources
Example: treatment and discovery six months ago
- TreatmentMay 7, 2026
- Likely deadlineMay 7, 2028
- Outer limitMay 7, 2031
- The clock startsWhen you found out, or should have
- Time to start a claim2 yearsMiss it and the claim is usually lost.
- At the very most5 yearsafter the treatment, with a few exceptions
- Pain and sufferingNo cap
- All damages togetherNo overall cap
The rules in Oregon
Filing deadline
2 years
Counted from when the injury was discovered. File within 2 years from when the injury was or reasonably should have been discovered, and no more than 5 years after the treatment, omission or operation.
Discovery rule
Applies
Yes, inside the 5-year outer limit. Fraud or deceit that prevented a timely suit allows 2 years from its discovery.
Outer limit
5 years
5 years from the treatment, omission or operation, which applies even to minors.
Or. Rev. Stat. § 12.110(4)
Damage caps
No cap for personal injury: the Oregon Supreme Court held the $500,000 cap unconstitutional for personal injury claims (Busch v. McInnis Waste Systems, 2020).
No cap on personal injury damages; wrongful death non-economic damages remain capped at $500,000.
- Wrongful death
- The $500,000 non-economic cap still applies to wrongful death claims (Or. Rev. Stat. § 31.710).
Children
Different clock
The clock is paused while the patient is under 18, but by no more than 5 years or beyond 1 year after turning 18, and the 5-year outer limit still applies.
Affidavit of merit
Not required
No affidavit of merit is required.
Notice before suing
Not required
No general pre-suit notice; claims against public bodies (such as OHSU) need a tort claim notice within 180 days.
Shared fault
Modified comparative (51% bar)
Modified comparative fault: barred above 50% of the fault
Experts
Expert evidence
Expert testimony is generally required to establish the standard of care.
Claims against public health care providers fall under the Oregon Tort Claims Act and its own limits.
Sources
- Oregon Revised Statutes § 12.110, Public.Law (official text)
- Oregon Revised Statutes § 12.160, Public.Law (official text)
- State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
- Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
Other states
- Best Medical Malpractice Lawyers in Alabama (2026)
- Best Medical Malpractice Lawyers in Alaska (2026)
- Best Medical Malpractice Lawyers in Arizona (2026)
- Best Medical Malpractice Lawyers in Arkansas (2026)
- Best Medical Malpractice Lawyers in California (2026)
- Best Medical Malpractice Lawyers in Colorado (2026)
- Best Medical Malpractice Lawyers in Connecticut (2026)
- Best Medical Malpractice Lawyers in Delaware (2026)
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