Lawsuit Information Center
Below is a summary of Oregon’s key laws and procedural rules for medical malpractice cases. We also provide information on the settlement value of medical malpractice cases in Oregon as well as summaries of recent verdicts and settlements.
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What is Medical Malpractice in Oregon?
Under Oregon law, medical malpractice occurs when a licensed healthcare provider renders negligent or inappropriate medical care that injures the patient. Unlike many other types of professional negligence, medical malpractice usually results in dire, life-altering consequences.
When medical negligence causes physical harm or death, it cannot be undone. However, our civil justice system allows victims of medical malpractice to get financial compensation for the harm they suffered.
Proving Medical Malpractice in Oregon
To prove medical malpractice in a Oregon lawsuit, a plaintiff needs to prove three basic elements:
- the duty inherent in the doctor-patient relationship;
- the breach of that duty by failing to exercise the requisite degree of skill and care, and
- that that failure be the proximate cause of the injury sustained.
Proving both these elements is a complex and expensive process. The plaintiff needs other doctors or healthcare providers to agree to act as expert witnesses. Getting an opinion from another doctor that your case is valid is just the first step and does not guarantee success. The defendants will present their experts, who will say that the doctors did nothing wrong and that your claims have no merit.
Oregon Statute of Limitations for Medical Malpractice
Oregon’s statute of limitations for medical malpractice lawsuits is outlined in Oregon Revised Statutes section 12.110. It states that you must file a lawsuit “within two years from the date when the injury is first discovered, or reasonably should have been discovered,” following any medical, surgical, or dental treatment, omission, or operation.
In simpler terms, you have two years from the time you were harmed by the medical error, or from when you should have realized the harm, to file a lawsuit.
5-Year Statute of Repose
Additionally, there is a five-year overall deadline in Oregon known as a statute of repose. This means that any malpractice lawsuit must be filed within five years from the date of the treatment, omission, or operation. After five years, your right to file a lawsuit expires, even if you were unaware of the malpractice during that time.
Exceptions to 3-Year SOL
An exception to this five-year rule applies if the defendant used “fraud, deceit, or misleading representation” to conceal the malpractice. In such cases, the two-year deadline begins once the fraud or deceit is discovered, along with the underlying claim.
For patients under 18 or those with a mental condition preventing them from understanding their rights at the time of the malpractice, the statute of limitations is paused, or “tolled,” for up to five years. It will resume one year after the person turns 18 or when the mental disability ends, whichever comes first. These exceptions are detailed in Oregon Revised Statutes section 12.160.
Oregon Follows Comparative Negligence
Oregon applies a modified comparative negligence rule in medical malpractice tort cases. Comparative negligence is a defense that can reduce the damages a plaintiff can recover if the defendant can show that the plaintiff’s own negligent conduct partly contributed to their injury. This requires juries to apportion fault percentages between plaintiffs and defendants, e.g., the plaintiff was 20% at fault, and the defendant was 80% at fault.
Oregon has adopted a modified comparative fault standard under which a plaintiff’s claim is barred if their share of fault exceeds 50%. So if a jury determines that a plaintiff was 51% responsible and the defendant was 49% responsible for an injury, the plaintiff automatically loses the case. As long as the plaintiff’s share of fault is 50% or less, they are entitled to damages, but the amount of damages will be reduced based on the plaintiff’s percentage of fault.
EXAMPLE: A jury finds the plaintiff 25% at fault and the defendant 75% at fault and awards damages of $1,000,000. The damage award will be reduced by 25%, so the plaintiff will only receive $750,000.
Damages Available in Oregon Medical Malpractice Cases
When pursuing a medical malpractice claim in Oregon, plaintiffs can seek various types of damages. These damages are intended to compensate the injured party for the losses they have suffered due to medical negligence. The primary categories of damages available in Oregon medical malpractice cases include:
Economic Damages: Economic damages cover the quantifiable financial losses incurred as a result of the malpractice. These include:
- Medical Expenses: Compensation for past, present, and future medical costs related to the injury, including hospital bills, surgery costs, rehabilitation, and any necessary ongoing medical care. In birth injury lawsuits in Oregon, this number can quickly add up to tens of million of dollars.
- Lost Wages: Reimbursement for income lost due to the inability to work while recovering from the injury, as well as compensation for diminished earning capacity if the injury affects the plaintiff’s ability to work in the future.
- Other Out-of-Pocket Expenses: This may include costs for medical devices, transportation to and from medical appointments, and modifications to the home or vehicle to accommodate a disability.
Non-Economic Damages: Non-economic damages compensate for more subjective, non-monetary losses. Pain and suffering damages are usually the biggest component of non-economic damages. This compensation is for the physical pain and emotional suffering endured as a result of the injury. Damages can also be awarded for the mental pain and suffering associated with the injury. Loss of consortium damages are awarded to a spouse or family members for the loss of companionship, affection, and support due to the victim’s injury.
Settlement Value of Oregon Medical Malpractice Cases
Medical malpractice cases have a higher average settlement value compared to all other types of personal injury cases. The average settlement value for medical malpractice cases nationally is around $300,000 to $380,000. The median settlement in medical malpractice lawsuits is slightly lower at $250,000. For malpractice lawsuits against healthcare providers that go to trial and win, the average jury verdict nationally is just over $1 million.
Oregon Medical Malpractice Verdicts and Settlements
$3,000,000 Verdict (Oregon 2024): The plaintiff went to the defendant podiatrist for treatment of a bunion and performed an osteotomy procedure. The plaintiff alleged that the defendant incorrectly interpreted x-rays as indicating the osteotomy was well-healed though the X-rays showed a displaced fragment from the osteotomy. The plaintiff said she underwent multiple surgeries to correct her injuries.
The plaintiff reportedly suffered instability in her foot and ankle and loss of full use of her foot and ankle. A jury in Multnomah County awarded $3 million.
$1,003,000 Verdict (Oregon 2024): The plaintiff, a woman with multiple sclerosis causing mobility problems, entered a nursing home and only expected to be there 4-6 weeks. Three days after entering the facility, she was placed in a Hoyer lift by the defendant’s nursing staff and dropped approximately four and one-half feet. According to the plaintiff, the accident occurred because she was improperly hooked up to the lift and/or placed in an improper sling, and the loops broke during transfer. She said she required additional years of medical treatment as a result, including four years of nursing home care.
$1,156,293 Verdict (Oregon 2024): The plaintiff, a 36-year-old female, suffered a right trimalleolar ankle fracture after stepping into a divot on a grassy lawn and received orthopedic services from the defendants. She underwent a right distal fibula open reduction and internal fixation surgery but had continued problems with ankle pain, stiffness, swelling, weakness, and difficulty ambulating was diagnosed with non-union to the medial malleolus. She said she required three additional ankle surgeries, including medial malleolar adjustment of screw, placement of bone graft, and right ankle lateral incision and drainage. The plaintiff asserted negligence in failing to use the correct type of plate during surgery, causing skin breakdown, wound infection and non-healing of the fracture. She also alleged negligence in failing to place the screw in the correct location, failing to treat her wound infection appropriately, and failing to remove a retained suture.
$4,000,000 Verdict (Oregon 2023): Plaintiff, a 68-year-old dentist, claimed to suffer permanent neurologic deficits due to intracranial bleeding after he sustained a bilateral subdural hematoma that went reportedly undiagnosed by defendants. The plaintiff and his wife, who claimed loss of consortium, claimed the defendants were negligent in failing to order or perform a head CT scan, failing to advise him or his family to closely monitor his head injury for the warning signs of intracranial bleeding, and failing to obtain a detailed history of his head injury.
$213,274 Verdict (Oregon 2023): The plaintiff suffered a stroke which led to permanent brain damage with cognitive issues, memory problems, mood changes, loss of senses of smell and taste and difficulty speaking and reading Mandarin, a necessary skill for her profession, due to several cervical chiropractic adjustments provided by defendant. The plaintiff contended defendant failed to possess the degree of care, skill and diligence as standard for the chiropractic community and claimed the defendant failed to disclose the risk of ischemic stroke and/or vertebral artery dissection when performing chiropractic neck adjustments.
Contact Us About Oregon Medical Malpractice Cases
Contact Miller & Zois today for a free consultation about potential medical malpractice cases in Oregon. Call us at 800-553-8082 or get a free online consultation.