In many types of law, the ability that you may have to hold someone accountable
for their actions is governed by the statute of limitations in the state
you reside. This means that if a lawsuit against a doctor, nurse, hospital,
or other medical professional is not brought within a certain amount of
time, the court will dismiss your claim and you will be unable to bring
a civil case against the person that wronged you. Since filing a lawsuit
after the statute of limitations has ended, it is important that anyone
seeking a medical malpractice suit must abide by this statute.
What is the statute of limitations in Oregon?
In Oregon, someone with a
medical malpractice claim must being their case to court within two years of the date in which
you were actually harmed or when you could have reasonably expected to
know about your injury, and within five years of the time you received
the treatment that harmed you. No matter what, any injury resulting from
an action five years prior, even if you could not have been reasonably
expected to know about the harm, cannot be brought to trial unless there
has been some level of fraud and deceit used to hide the malpractice.
The purpose of statute of limitations law is to protect the defendant since:
- A plaintiff seeking reasonable compensation should do so with a certain
diligence;
- Reduction in the amount of evidence that may become lost over time; and
- Waiting to file a lawsuit is seen as cruelty, not the pursuit of justice.
When it comes to
medical malpractice, the law seeks to allow you considerable time to collect the evidence
you need to take action, but it also wants to ensure that the lawsuit
is fair. No one wants to compromise their chances at obtaining a financial
recovery when a trusted professional has caused harm, so taking action
as soon as wrongs have been discovered is imperative.
Since the law is aimed at protecting the defendants in these cases, it
is important that you retain the services of an experienced, aggressive,
and compassionate Oregon medical malpractice attorney. The
Law Offices of Patrick L. Block, P.C. can help walk you through your claim and help you discover whether or
not you are able to take your case to trial. Time is of the essence-
schedule your free consult and discover whether you can take action today!