In what can only be described as an awful decision, the Oregon Supreme Court yesterday rejected a claim challenging a five-year statute of limitations for medical malpractice lawsuits involving minors. In the challenge, Oregon medical malpractice lawyers contended that Oregon’s constitution – not to mention common sense – prohibited the application of the five year statute of limitations in medical malpractice case.
Actually, I should not say the Oregon Supreme Court decision is awful because I have absolutely no idea whether the medical malpractice statute of limitations is constitutional. But I know that the law is awful. Hopefully the Oregon legislature will look hard at the question of whether you should be able to lose your rights while you are a minor, particuarly in birth injury cases.