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Blog 2017 September How Long Do You Have To Sue a Hospital For Medical Malpractice?
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How Long Do You Have To Sue a Hospital For Medical Malpractice?

Posted By The Law Offices of Patrick L. Block, P.C. || 21-Sep-2017

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 injury’s occurrence.

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.

Categories: Medical Malpractice
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