Oregon Medical Malpractice Statute of Limitations

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 cases.

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 whether you should be able to lose your rights while you are a minor, particularly in birth injury cases.

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