When you put your trust in a medical professional, you expect to receive competent and careful treatment. Unfortunately, mistakes happen—and when those mistakes cause serious harm, Oregon law gives patients the right to pursue compensation through a medical malpractice claim. Navigating these cases, however, can be complex. Oregon medical malpractice laws have strict rules about what counts as negligence, how long you have to file, and what evidence is required to prove your case.
This guide from Dawson Law Group breaks down what you need to know about Oregon’s medical malpractice system, including the statute of limitations, key legal standards, and how to protect your rights after an injury caused by medical error.
What Constitutes Medical Malpractice in Oregon?
Not every poor medical outcome qualifies as malpractice. Under Oregon law, medical malpractice—sometimes called “medical negligence”—occurs when a healthcare professional fails to meet the accepted standard of care for their specialty and that failure causes injury to the patient. The “standard of care” means the level of skill and diligence that a reasonably competent provider would have exercised under similar circumstances.
Common examples of potential medical malpractice include:
- Failure to diagnose or misdiagnosis of a serious condition
- Surgical errors, such as operating on the wrong site or leaving instruments in the body
- Medication or anesthesia mistakes
- Improper treatment or follow-up care
- Birth injuries caused by negligent labor or delivery management
Medical malpractice cases require more than showing that an error occurred—you must prove that the mistake directly caused harm that would not have happened otherwise. Establishing this connection typically requires expert testimony from medical professionals familiar with the specific type of care involved. The Oregon Revised Statutes (ORS) Chapter 31 sets out key provisions on negligence and liability that apply to these claims.
Understanding the Oregon Statute of Limitations for Medical Malpractice
One of the most critical aspects of an Oregon medical malpractice claim is the statute of limitations—the legal deadline for filing a lawsuit. Missing this deadline can permanently bar your right to recover compensation, no matter how strong your case may be.
Under ORS 12.110(4), an injured patient generally has two years from the date they discovered or reasonably should have discovered the injury to file a malpractice claim. However, no case can be filed more than five years after the act of negligence occurred, regardless of when it was discovered. There are limited exceptions for cases involving minors or fraud, but they are narrowly applied.
Because of these strict timelines, it’s vital to contact an experienced attorney as soon as you suspect malpractice. The team at Dawson Law Group can help you identify the exact deadline in your case and take prompt steps to preserve evidence.
Who Can Be Held Liable in a Medical Malpractice Case?
Oregon law allows you to pursue a malpractice claim against any healthcare provider or institution whose negligence caused your injuries. That may include:
- Doctors, surgeons, and specialists
- Nurses, nurse practitioners, and physician assistants
- Hospitals, clinics, and urgent care centers
- Pharmacists or pharmacies (in cases involving medication errors)
Sometimes, liability extends beyond one individual. For example, a hospital may be held responsible for the negligent acts of its staff, or multiple providers may share fault if several errors contributed to the outcome. Oregon follows a comparative negligence system, meaning that if the patient is found partially at fault, their damages may be reduced by that percentage—but they can still recover compensation as long as their share of fault is less than 51 percent.
What You Must Prove in an Oregon Medical Malpractice Claim
Every medical malpractice case must establish four key elements:
- Duty of care: The healthcare provider owed you a professional duty to provide competent care.
- Breach of duty: The provider failed to meet that duty by acting (or failing to act) as a reasonable provider would.
- Causation: This breach directly caused your injury.
- Damages: You suffered measurable harm, such as medical expenses, lost income, or pain and suffering.
Medical malpractice cases rely heavily on expert testimony. In Oregon, the plaintiff must present expert opinions establishing both the applicable standard of care and how the defendant failed to meet it. Without such testimony, most cases cannot move forward. The American Medical Association provides additional insight into how liability and medical standards are defined across states.
Damages Available in an Oregon Medical Malpractice Claim
Successful malpractice claims can recover several types of compensation, including:
- Medical expenses for corrective treatment and rehabilitation
- Lost wages and loss of earning capacity
- Pain and suffering
- Loss of consortium or companionship
Oregon once imposed limits (or “caps”) on noneconomic damages, but these have been challenged and partially overturned in recent court decisions. As a result, the amount recoverable can vary depending on the facts of each case and current appellate rulings. A knowledgeable attorney can help you understand how recent legal developments might impact your potential recovery.
Steps to Take If You Suspect Medical Malpractice
If you believe you’ve been harmed by medical negligence, you should act quickly to protect your rights. Here are important steps to follow:
- Seek immediate medical care from another provider to address your health and prevent further injury.
- Request copies of your medical records. These documents are critical for evaluating what went wrong and when.
- Consult an experienced malpractice attorney. Medical malpractice law in Oregon is complex and requires deep knowledge of both medicine and litigation. An attorney can investigate the case, consult experts, and determine whether negligence occurred.
At Dawson Law Group, we understand how overwhelming this process can feel. Our attorneys, including Bryan Dawson and Ben Larson, have extensive experience handling medical malpractice cases throughout Oregon. They approach every case with compassion and a commitment to uncovering the truth for their clients.
Why Hiring a Local Oregon Malpractice Attorney Matters
Medical malpractice cases demand more than legal knowledge—they require familiarity with Oregon’s unique procedural rules, medical review standards, and local court practices. Working with a firm based in Portland means you’ll have advocates who understand the local medical community, know how local judges interpret the law, and can access trusted medical experts who can strengthen your case.
Dawson Law Group has represented patients and families across Oregon in cases involving surgical errors, birth injuries, delayed diagnoses, and more. The firm’s client-centered approach emphasizes clear communication and personal attention, ensuring that clients always understand their options and the steps being taken on their behalf.
Common Defenses in Oregon Medical Malpractice Cases
Defendants in medical malpractice cases often raise several common defenses, such as:
- Arguing that the injury was a known risk of the procedure
- Claiming that the patient failed to follow medical advice
- Asserting that the injury would have occurred regardless of the alleged negligence
These defenses underscore why it’s essential to have strong medical expert support. An experienced malpractice lawyer can anticipate these arguments and build a persuasive case backed by credible expert testimony and clear evidence. The National Center for Complementary and Integrative Health also provides helpful information for patients about communicating with providers and understanding treatment risks—something courts often consider when evaluating informed consent issues.
Taking the Next Step
Medical malpractice cases can be emotionally draining and legally challenging, but you don’t have to face them alone. The attorneys at Dawson Law Group are here to help you understand your rights, investigate what went wrong, and pursue justice for the harm you’ve suffered. If you suspect that medical negligence caused your injury or worsened your condition, don’t wait to seek legal guidance.
Call Dawson Law Group today or visit our medical malpractice page to schedule a free consultation. You deserve answers—and an advocate who will stand by you every step of the way.