If you suffered harm due to a doctor’s or healthcare provider’s negligence and are thinking about filing a medical malpractice claim, the clock is ticking. You have a legal deadline to file a lawsuit, known as the statute of limitations. Missing it could mean walking away with nothing, no matter how valid your claim is.
In Oregon, the statute of limitations for medical malpractice is generally two years from the date you discovered (or should have reasonably discovered) the injury. There’s also a hard limit of five years from the date the alleged malpractice occurred. This applies even if you didn’t realize the harm until much later, although there are a few exceptions.
Preserve your legal rights
Many medical malpractice claims are settled out of court, but having the option to sue gives you leverage during settlement negotiations. If the healthcare provider or their insurer knows you can take the case to trial, they may prefer to settle rather than risk a large jury verdict, public exposure of mistakes or ongoing legal costs.
Missing the legal deadline to take action could mean losing the chance to pursue compensation through the courts. Once that window closes, you may be left with no choice but to accept whatever the insurance company is willing to offer, assuming they’re still willing to make an offer.
Additionally, waiting too long could hurt your case. Crucial evidence may be harder to track down over time, which could work against you when proving the healthcare provider’s negligence.
You deserve a fair settlement
Protecting your rights as a victim of medical malpractice starts with knowing them. Whether you end up settling with an insurer or filing a lawsuit, what matters most is having a clear view of your options and enough time to act on them.