Every state has what is known as a statute of limitations, which is the
time period during which an individual can file a lawsuit. These limitations
vary depending on the type of lawsuit you are filing, but whenever this
time runs out of the statute of limitations that apply to your case, the
court will refuse to hear your case. In Oregon, the statute of limitations
for a medical malpractice lawsuit is two years, beginning on the date
you sustained the injury. Of course, as is the case with most things,
there are exceptions to this rule.
Exceptions to the 2-Year Statute of Limitations
It is possible for an injured person to not be aware of their injury immediately
after it occurs. For example, if a surgical sponge or instrument was left
inside of you during a procedure, it would not be possible for you to
know it right away. For cases like this, the discovery rule would apply,
which would allow the statute of limitations to begin on the date you
became aware of or should have reasonably become aware of the injury.
That said, it cannot extend more than five years beyond the date of the
For minors under the age of 18 who were deemed insane, they have five years
from the date they turn 18 or until they are no longer considered insane.
If the injury sustained results in a wrongful death, the lawsuit must be
filed within three years, beginning on the date of the injury, the date
of discovery, or the date of death, but no more than five years from the
date of the injury’s occurrence.
Medical Malpractice Attorneys in Portland
If you or a loved one sustained injuries as a result of a medical professional’s
negligent actions, you have a right to pursue compensation for your suffering
and any costs associated with your injuries, but you must act as soon
as possible. At The Law Offices of Patrick L. Block, P.C., we relentlessly
fight for the rights of our clients and would be honored to do the same for you.
You should not have to suffer the financial burden of a new or worsened
condition due to a doctor’s negligence. Take action today!
Contact our office at
(503) 491-4900 to schedule a free case evaluation. Our Portland team is ready to help.